Waggoner v. TOWN OF MESILLA

2011 NMCA 041, 252 P.3d 820, 149 N.M. 596
CourtNew Mexico Court of Appeals
DecidedMarch 21, 2011
Docket29,376
StatusPublished
Cited by2 cases

This text of 2011 NMCA 041 (Waggoner v. TOWN OF MESILLA) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waggoner v. TOWN OF MESILLA, 2011 NMCA 041, 252 P.3d 820, 149 N.M. 596 (N.M. Ct. App. 2011).

Opinion

OPINION

CASTILLO, Chief Judge.

{1} In this case, we examine whether an annexation by the petition method was carried out in accord with the procedural requirements of NMSA 1978, Section 3-7-17.1 (2003). We hold that it was not and conclude that the annexation was invalid.

I. BACKGROUND

{2} In 2007, a number of individuals owning property contiguous to the boundaries of the Town of Mesilla (Mesilla) approached the Mesilla Board of Trustees (BOT) and expressed an interest in annexation. Mesilla was receptive to the property owner’s inquiries — Mesilla’s 2004 comprehensive plan contemplated annexation of this territory. Mesilla provided the property owners with assistance in initiating an annexation through the petition method.

{3} The property owners’ and Mesilla’s efforts came to a successful conclusion in December 2007 when Mesilla voted to adopt Mesilla, N.M., Ordinance 2007-13 (2007) approving the annexation of approximately 788 acres contiguous to the then existing municipal boundaries of Mesilla. This outcome did not, however, please all interested parties.

{4} Barbara Waggoner and several other individuals (collectively, Waggoner) who either own land within the annexed territory or are otherwise interested parties opposed the annexation. In March 2008, after Ordinance 2007-13 had passed, Waggoner filed a complaint in district court requesting that the court overturn the annexation ordinance and/or enter judgment declaring the annexation ordinance to be illegal.

{5} In January 2009, the district court dismissed Waggoner’s complaint and concluded that Mesilla “acted legally and constitutionally when it adopted Ordinance 2007-13.” Waggoner appeals this decision.

II. DISCUSSION

{6} On appeal, Waggoner asserts that Ordinance 2007-13 is void and asks us to reverse the district court and remand with instructions to enter an order invalidating the annexation. Waggoner makes five claims in support of this request. Three of her claims share a single premise: that the annexation was not carried out in accordance with the procedural mandates of Section 3-7-17.1, which governs annexations by petition in Class A counties. Both parties agree this statute is controlling here. Waggoner specifically argues that the annexation was not carried out in compliance with Section 3-7-17.1(B)(2). We are persuaded by this argument and, on this ground alone, conclude that the annexation is invalid. See State ex rel. State Highway & Transp. Dep’t v. City of Sunland Park, 1999-NMCA-143, ¶ 27, 128 N.M. 371, 993 P.2d 85 (setting aside an annexation on grounds that it was not carried out in compliance with the governing annexation statutes). Accordingly, we need not address Waggoner’s other arguments. We begin, however, by reviewing the language of the statute and our standard of review.

{7} Section 3-7-17.1 provides the following:

A. A petition seeking the annexation of territory contiguous to a municipality ... shall be presented to the city council and be accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality.
B. If the petition is signed by the owners of a majority of the number of acres in the contiguous territory:
(1) the city council shall submit the petition to the board of county commissioners of the county in which the municipality is located for its review and comment. Any comments shall be submitted by the board of county commissioners to the city council within thirty days of receipt; and
(2) not less than thirty days nor more than sixty days after receiving the petition, the city council shall by ordinance approve or disapprove the annexation after considering any comments submitted by the board of county commissioners.

. {8} “Our review of the annexation ordinance is limited to consideration of whether it was enacted in accordance with the governing statute.” City of Sunland Park, 1999-NMCA-143, ¶ 17, 128 N.M. 371, 993 P.2d 85. To the extent this requires us to interpret Section 3-7-17.1, our review is de novo. Santa Fe County Bd. of Cnty. Comm’rs v. Town of Edgewood, 2004-NMCA-111, ¶ 4, 136 N.M. 301, 97 P.3d 633. In construing the language of Section 3-7-17.1, our “guiding principle is to give effect to the intent of the [Legislature” and, in doing so, we “employ the ‘plain meaning rule’ to determine if the language unambiguously sets forth the legislative intent.” Town of Edgewood, 2004-NMCA-111, ¶ 5, 136 N.M. 301, 97 P.3d 633. Where the language of Section 3-7-17.1 “is clear and explicit, the annexation must be exercised in the circumstances and the manner prescribed in the statute.” City of Sunland Park, 1999-NMCA-143, ¶ 21, 128 N.M. 371, 993 P.2d 85 (internal quotation marks and citation omitted).

{9} As noted, Waggoner asserts that the process which led to the annexation of the 788 acres did not comport with Section 3-7-17.1, and specifically Section 3-7-17.1(B)(2). Waggoner claims that, under this specific provision, Mesilla was required to approve Ordinance 2007-13 within thirty to sixty days after it first received the petition from the petitioners but failed to do so. The facts underlying this claim are undisputed.

{10} Mesilla generated and circulated a petition form that land owners who were supportive of the annexation signed. Sixty-five signed copies of this form are included in the record proper. On October 9, 2007, all of the signed forms were submitted to the BOT, together with a map prepared by an employee of Mesilla. Mesilla mailed the petition forms and the map to the Doña Ana County commissioners (the County) on October 10, 2007. The petition proposed annexation of approximately 739 acres. The County, in a letter mailed on October 23, 2007, which Mesilla received on November 1, 2007, proposed that Mesilla annex roughly 2,200 acres. Mesilla passed Ordinance 2007-13 on December 26, 2007, and annexed 788 acres.

{11} The pertinent portions of Section 3-7-17.1(B)(2) provide that “not less than thirty days nor more than sixty days after receiving the petition, the city council shall by ordinance approve or disapprove the annexation.” The parties disagree about the meaning of the term “after receiving the petition.” According to Waggoner, this term refers to the date the BOT first received the petitions from the petitioners, on October 9, 2007. Mesilla counters that this term refers to the date it received the petitions back from the County with the County’s comments; this occurred on November 1, 2007. As noted, the ordinance was passed on December 26, 2007. This date is beyond the thirty- to sixty-day window if the triggering date is October 9, 2007, as Waggoner argues, but is within that window if the triggering date is November 1, 2007, as Mesilla argues.

{12} We agree with Waggoner’s reading of the statute. First, Waggoner’s interpretation is supported by the plain language of Section 3-7-17.1(B)(2). “The text of a statute or rule is the primary, essential source of its meaning.” NMSA 1978, § 12-2A-19 (1997).

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Bluebook (online)
2011 NMCA 041, 252 P.3d 820, 149 N.M. 596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waggoner-v-town-of-mesilla-nmctapp-2011.