AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Village of Los Ranchos de Albuquerque and its Director of Planning & Zoning determined that the Homeowner must connect his septic system to the Village’s public sewer system. The Homeowner's property was measured to determine if it fell within the required distance for mandatory connection under Village Ordinance 228. The Homeowner contested the method used to measure this distance, arguing that the actual distance required to connect his septic system to the sewer, considering the need to route around his house, exempted him from the requirement.

Procedural History

• District Court of Bernalillo County, Alan M. Malott, District Judge: Reversed the Village's determination that the Homeowner must connect his septic system to the public sewer system.

Parties' Submissions

• Village: Argued that the distance from the public sewer connection to the Homeowner's waste disposal line should be measured in a straight line, regardless of structures, which would require the Homeowner to connect to the sewer system.
• Homeowner: Contended that the distance should include the additional length needed to route around his house to the septic connection, which would exceed the 200 feet limit and exempt him from the requirement to connect.

Legal Issues

• Whether the district court improperly construed Sections 3 and 4(b) of Village Ordinance 228 regarding the measurement of distance for mandatory sewer connection.
• Whether the Homeowner's constitutional right to equal protection was violated by the Village’s construction of section 4(b) of the ordinance.

Disposition

• The Court of Appeals reversed the district court's construction of the ordinance and remanded for further proceedings on the Homeowner’s constitutional issue.

Reasons

• Per Michael D. Bustamante, J. (James J. Wechsler, J., and Michael E. Vigil, J., concurring): The Court of Appeals found that the plain language of Ordinance 228, specifically Section 4(b), clearly states the distance should be measured in a straight line from the public sewer connection to the Homeowner's waste disposal line, regardless of intervening structures. The Court concluded that the Village's interpretation was correct, determining the relevant distance in the Homeowner's case to be 189 feet, thus requiring him to connect to the sewer system. The Court also noted that the economic burden argument raised by the Homeowner was considered by the Village and found to be addressed by the 200-foot limitation in the ordinance. The equal protection issue raised by the Homeowner was not addressed by the district court and was remanded for consideration.