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Council adopts amendment to IDO appeal-cost rules with $1,000 cap and hardship exemption, passes 6-3
Summary
After extensive debate and public comment, the council amended and approved O-25-73 to set a $1,000 cap on assessed appeal costs payable to prevailing parties, added an exemption for low-income appellants and entities in high social-vulnerability areas, and passed the measure 6-3.
The Albuquerque City Council on March 17 approved amendments to the Integrated Development Ordinance (IDO) that change how appeal costs are assessed in land-use appeals. The ordinance, O-25-73, was passed after several amendments and public testimony; the final vote was 6 in favor and 3 opposed.
The council's action amends IDO section 6.4.U.55 to create a $1,000 flat cap on costs and fees assessed against appellants when an appeal of a planning approval is unsuccessful. Councilor Lewis, who offered the amendment to set a fixed amount, explained the change as an effort to limit high attorney costs that can run into the thousands and stall projects: "this would really just be capping that and actually just be a 1 time fee for, and just be a thousand dollars," Lewis said during debate.
Council debate balanced two competing concerns: developers and project applicants argued appeals are often used as delay tactics and…
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