[Download] "City of Albuquerque v. Jackson" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: City of Albuquerque v. Jackson
• Author : New Mexico Court of Appeals
• Release Date : January 05, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This appeal arises from a complaint to abate ordinance violations filed against defendant Jackson by the City of Albuquerque (City) on February 11, 1982. The City sought to abate Jacksons maintenance of a fifty-foot, free-standing advertising sign erected in violation of the Citys zoning code which limits such signs to twenty-six feet in height. Jackson counterclaimed against the City alleging that the advertising sign regulation was unconstitutional and that the City had maliciously and intentionally harassed Jackson by attempting to enforce its sign regulation, resulting in damages to Jackson. The City was granted summary judgment on its claims and on Jacksons counterclaims. The district court, however, allowed Jackson to file an amended counterclaim to allege that the defendant was entitled to just compensation for the removal of its sign, and after a bench trial Jackson was awarded compensation in the amount of $1,000.00. Jackson appeals the adverse summary judgment order and the amount of just compensation awarded. City cross-appeals the trial courts award of any amount of compensation. We affirm the granting of summary judgment in favor of the City and reverse the award of compensation for defendant Jackson.

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