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NM Court of Appeals Schedules July 27, 1:30 PM Hearing

July 6, 2016 - Jen Laws

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The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Wednesday, July 27, 2016. The oral argument is open to the public and begins at 1:30 P.M.

A three-judge panel will preside: Judge James J. Wechsler, Judge J. Miles Hanisee, and Judge Stephen G. French.

Following are the details of the case:

IN THE MATTER OF THE PETITION FOR A HEARING ON THE MERITS REGARDING AIR QUALITY PERMIT NO. 3135

MARGARET M. FREED, MARY ANN ROBERTS, and PAT TOLEDO, Petitioners-Appellants, represented by Pete Domenici, Jr.

vs.

THE CITY OF ALBUQUERQUE and SMITH’S FOOD & DRUG CENTERS, INC., Respondents-Appellees, represented by Frank C. Salazar, Timothy J. Atler, Jessica M. Hernandez, Carol M. Parker

This is an administrative appeal from the Albuquerque-Bernalillo County Air Quality Control Board’s (“Board”) grant of Respondents’ motions for summary judgment on Appellants’ Petition for Hearing on the basis of jurisdiction, statutory construction, and standing. The dismissed Petition for hearing was timely filed on June 2, 2014, regarding an air quality permit, issued on April 30, 2014 to Smith’s Food & Drug Centers, Inc. (“Smith’s”), for a fuel station intended to be built at 6941 Montgomery Blvd. NE, Albuquerque, New Mexico. Appellants, with the exception of Pat Toledo (“Toledo”), own property in close proximity to the intended fuel station and alleged in their Petition to the Air Quality Control Board that each is adversely affected by the permitting action because the Air Program did not take into consideration quality-of-life concerns and that each is likely to be adversely affected by increased VOC emissions, odors, fumes, increased traffic and other negative impacts on their property and quality of life.

For more information, contact Nora Gonzales at 505-841-4618.