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 County of Bernalillo filed a criminal complaint against Ivan Benavidez for allowing six cattle to roam freely on public and private property, contrary to a local ordinance. Benavidez argued that the ordinance conflicted with New Mexico's state law, which follows a "fence-out" approach to livestock management, allowing livestock to roam freely unless landowners fence their property. Benavidez's family had been running cattle in the area for over 50 years and had leased land that included the locations mentioned in the complaint (paras 2-3).

Procedural History

• Metropolitan Court: Dismissed the complaint against Benavidez, agreeing with his argument that the local ordinance conflicted with state law (para 3).
• District Court of Bernalillo County: Affirmed the Metropolitan Court's dismissal of the complaint, acknowledging the conflict between the local ordinance and state law (para 4).

Parties' Submissions

• Plaintiff-Appellant (County of Bernalillo): Argued that it had the authority to enact the ordinance under its general police power and that the ordinance did not conflict with state law. If a conflict existed, the parts applicable to Benavidez were severable and enforceable (para 3).
• Defendant-Appellee (Ivan Benavidez): Contended that the local ordinance conflicted with state law, which adopts a "fence-out" approach to livestock management. Asserted that his family's longstanding practice of running cattle in the area was protected under state law (para 3).

Legal Issues

• Whether counties may enact ordinances that conflict with state statutes reflecting the State of New Mexico’s "fence-out" approach to livestock management (para 1).

Disposition

• The Court of Appeals affirmed the district court's dismissal of the criminal complaint filed against Ivan Benavidez (para 13).

Reasons

• Per Michael D. Bustamante, J. (Cynthia A. Fry, J., and J. Miles Hanisee, J., concurring): The court held that local ordinances cannot conflict with state statutes that embody New Mexico's "fence-out" approach to livestock management. The court recognized New Mexico's historical adoption of the "fence-out" rule, which allows livestock to roam freely unless landowners fence their property. The court found that the County of Bernalillo's ordinance, requiring all owners to fence-in their livestock in unincorporated areas, directly contradicted state law. The court concluded that the county lacked the authority to enact such an ordinance, as it was inconsistent with state statutes and the legislative intent behind New Mexico's livestock management approach (paras 5-12).