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 Zuni Indian Tribe appealed the McKinley County Board of County Commissioners' approval of a preliminary plat application submitted by Tampico Springs Ranch 3000, LLC for a 490-home subdivision. The Tribe's appeal was based on the approval process under the New Mexico Subdivision Act, questioning the finality and appealability of decisions on preliminary plat applications and whether such an appeal becomes moot if the final plat is approved during its pendency.

Procedural History

• District Court of McKinley County, Robert A. Aragon, District Judge: Dismissed the Tribe's appeal on grounds that it presented a moot question and the action complained of did not constitute a final decision.

Parties' Submissions

• Plaintiff-Appellant (Zuni Indian Tribe): Argued that the county's approval of the preliminary plat application was a final, appealable decision under the New Mexico Subdivision Act and that the appeal was not moot despite the subsequent approval of the final plat application.
• Defendant-Appellee (McKinley County Board of County Commissioners) and Intervenor-Appellee (Tampico Springs Ranch 3000, LLC): Contended that the district court lacked jurisdiction as the county's decision on the preliminary plat application was not a final, appealable order and that the Tribe's appeal was moot due to the approval of the final plat application during the appeal's pendency.

Legal Issues

• Whether a county’s approval or disapproval of a preliminary subdivision plat application constitutes a final, appealable decision for purposes of the New Mexico Subdivision Act.
• Whether a timely filed appeal from a decision on a preliminary plat application is rendered moot by the county’s decision to approve the final subdivision plat application during the pendency of the appeal.

Disposition

• The Court of Appeals reversed the district court's ruling and remanded for consideration of the merits of the Tribe's appeal.

Reasons

• The Court of Appeals, per Judge Linda M. Vanzi, with Judges Michael D. Bustamante and Cynthia A. Fry concurring, held that:
  Finality: The approval or disapproval of a preliminary plat application by a county constitutes a "decision" under the New Mexico Subdivision Act and is a final, appealable decision. The court reasoned that the legislative history and the statutory scheme of the Act supported this interpretation (paras 7-18).
  Mootness: The appeal was not moot despite the approval of the final plat during its pendency. The court determined that if the Tribe's claims regarding the preliminary plat approval were meritorious, actual relief could be granted, thus the issue remained live and not moot (paras 19-21).
  Cancellation of Lis Pendens Notice: The court observed that the district court's cancellation of the lis pendens was premature and in error, as a notice of lis pendens should continue until the expiration of the time for appeal or until final disposition by the appellate court (para 22).
  The decision emphasized the importance of judicial review in the subdivision approval process and clarified the appealability of decisions on preliminary plat applications under the New Mexico Subdivision Act.