Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Appeal topic
No spam. Unsubscribe anytime.
Council agrees with city attorney: appeal over enforcement decision for Mister G's Auto Sales is denied
Summary
The governing body accepted the city attorney's recommendation to deny a procedural appeal of the land use director's decision not to take enforcement action regarding Mister G's Auto Sales because under the code a decision not to take enforcement action is not appealable.
The Santa Fe City Council voted to accept the city attorney’s recommendation to deny an appeal challenging the land use director’s decision not to take enforcement action against Mister G’s Auto Sales, a property on Baca Lane.
Assistant City Attorney Rebecca Herman told the council that the Land Development Code permits only “final actions” to be appealed, and the code specifically lists a decision not to take enforcement action as a non‑final action. Because the appellant’s petition expressly sought review of the land use director’s decision not to initiate enforcement, staff concluded the appeal did not meet the code’s procedural requirements and recommended denial without a public hearing.
The council voted to accept that recommendation, which the city attorney’s office noted is a final city decision that could be taken to district court by the appellant. Several council members said they preferred to follow staff and legal guidance in the procedural matter rather than convert the matter to a hearing before the land use adjudicatory body.
Why it matters: the council’s action is procedural: the merits of any enforcement question were not litigated before the council because municipal code restricts the available appeal path when the challenged action is the city’s choice not to pursue enforcement.
