Article 10 - Appeals


ARTICLE 10. APPEALS

Section 10.1. Appealable Decisions
10.1.1 Subdivision Review Officer
Any person who is adversely affected by a decision of the Subdivision Review Officer in approving or disapproving a subdivision plat may appeal to the Board of County Commissioners within thirty (30) days after the date of the action of the Subdivision Review Officer. The Board of County Commissioners shall hear the appeal and render a decision within thirty (30) days after receiving the notice of appeal.

10.1.2 Board of County Commissioners
Any person who is adversely affected by a decision of the Board of County Commissioners in approving or disapproving a subdivision plat may appeal to the District Court of the county in which the subdivision is located within thirty (30) days after the date of the action of the Board.

Section 10.2. Appeal Process
10.2.1 Standard of Review
The appeal shall consist of a whole record review, and the reviewing authority, whether it be the Board of County Commissioners or the District Court, shall only set aside the action of the lower tribunal if it is found to be arbitrary, capricious or an abuse of discretion; not supported by substantial evidence; or otherwise not in accordance with law.

10.2.2 Appellate Remedies
Any party to the action in District Court shall have full appellate rights in accordance with the laws of the State of New Mexico and the rules of appellate procedure for the State of New Mexico.

10.2.3 Notice of Appeal
The appeal shall be perfected by filing a written notice of appeal which sets forth the specific portion or portions of the decision being appealed. A copy of the decision or order being appealed shall be attached to the notice of appeal.
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Larry Hathaway
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