(DOWNLOAD) "Kob-Tv" by In the Court of Appeals of the State of New Mexico " eBook PDF Kindle ePub Free
eBook details
- Title: Kob-Tv
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 23, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
1 We consider in this appeal the effect of a change in regulation on an existing property use. KOB-TV (KOB) had obtained a permit from the City of Albuquerque (City), allowing KOB to build a helipad, and had operated a helicopter at the site for several years. The City then adopted Ordinance O-73, regulating the placement of helicopters within City limits and instituting a one-year amortization period for conformance. KOB appeals the district courts order denying its appeal from the Citys adoption of O-73 and determining that the Citys decision to revoke KOBs permit was moot. We hold that the Citys adoption of O-73 was a valid zoning decision, which was not a quasi-judicial action, and that KOBs use of its property as a helipad was not subject to immediate termination. However, we further hold (1) that there is no evidence in the record showing that the ordinances one-year amortization period is reasonable and (2) that the Citys decision to revoke KOBs building permit is not moot and the Citys revocation decision was improper. We affirm in part, reverse in part, and remand for further proceedings.