Atlixco Coalition v. County of Bernalillo – Case Brief Summary (New Mexico)

In Atlixco Coalition v. County of Bernalillo, 1999 NMCA 88, 127 N.M. 549, 984 P.2d 796, Southwest was granted a permit to include municipal waste in addition to the construction debris accepted at the landfill. The permit was challenged on the ground that the Board failed to consider compliance with the GPPAP and the County's Resolution No. 116-86 (Oct. 21, 1986).

The Resolution sets forth criteria to consider when reviewing a request for zone map changes and special use applications. Atlixco Coal., 1999 NMCA 882, 127 N.M. 549, 984 P.2d 796.

The Court concluded that the GPPAP and Resolution No. 116-86 had the force of the law because it had been incorporated into a subsequent ordinance dealing with the disposal of solid waste in the county. Atlixco Coal., 1999 NMCA 886, 127 N.M. 549, 984 P.2d 796.

Referring to Resolution No. 116-86, we noted that "when invoked, this provision thus imposes substantive and procedural guidelines for any zone map changes and applications for special-use permits." Atlixco Coal., 1999 NMCA 884, 127 N.M. 549, 984 P.2d 796.

Resolution No. 116-86, provides in pertinent part that, "A proposed land use change shall not be in significant conflict with adopted elements of the Comprehensive Plan or other County Master Plans and amendments thereto including privately developed area plans which have been adopted by the County." Id.