Board of County Com'rs of San Miguel County v. City of Las Vegas

• Citation: 622 P.2d 695,95 N.M. 387,1980 NMSC 137
• Decision Date: 22 December 1980
• Docket Number: No. 12704,12704
• Parties: BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SAN MIGUEL, New Mexico, a Body Politic and Corporate, Plaintiff-Appellee, v. CITY OF LAS VEGAS, New Mexico, a Municipal Corporation, Defendant-Appellant.
• Court: Supreme Court of New Mexico

Page 695

622 P.2d 695

95 N.M. 387

BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF SAN MIGUEL New Mexico, a Body Politic and Corporate Plaintiff-Appellee, v. CITY OF LAS VEGAS, New Mexico, a Municipal Corporation Defendant-Appellant.

No. 12704.

Supreme Court of New Mexico.

Dec. 22, 1980.

[95 NM 387] Roberto C. Armijo, Las Vegas, for defendant-appellant.

Benny Flores, Dist. Atty., Las Vegas, for plaintiff-appellee.

OPINION

FEDERICI, Justice.

The City of Las Vegas determined that it needed a new landfill for waste disposal. After consultation with and recommendations from the State Environmental Improvement Division, a site was selected. The City leased the site from the Board of Trustees of the Las Vegas Grant. A large part of this site is within one mile of the City limits, and a small portion is more than one mile from the City limits. Without notice to San Miguel County, the City set up and commenced to operate its landfill in April of 1977. At a special meeting on May 19, 1977, the County passed and adopted an ordinance (Ordinance No. 2.00) requiring special use permits for operation of landfills, among other things. The ordinance went into effect on August 2, 1977. On June 17, 1977, the City filed a petition for writ of certiorari in the district court pursuant to the present Section 3-21-9, N.M.S.A. 1978, to determine the legality of the ordinance. The County moved to quash the writ and dismiss the petition, alleging that certiorari was not a proper form of review for enactment of the ordinance, that the City was not a party aggrieved by a decision of the County because there was no injury nor imminent threat of injury to the City at that time, and that the City was seeking an advisory opinion. The trial court dismissed the petition and quashed the writ upon the County's motion without receiving any evidence in the matter concerning the City's claims. The City appealed but later stipulated to a dismissal of the appeal. The propriety of that judgment is therefore not before us.

The County filed the present suit on July 11, 1978 against the City to enjoin it from operating its landfill. The City answered and counterclaimed, seeking damages in inverse condemnation. The trial court granted the injunction and denied the counterclaim. The City appealed to this Court. We reverse.

We decide the following issues on appeal:

1. Whether the doctrine of res judicata bans consideration of the City's defenses in this suit;

2. Whether the ordinance enacted by the County is a zoning ordinance;

3. Whether the County's ordinance applies to that portion of the City's landfill lying within one mile of the City limits; and

4. Whether the County's ordinance applies to that portion of the City's landfill lying more than one mile from the City limits.

I.

The doctrine of res judicata will apply to bar subsequent litigation of parties involving the identical subject matter and causes of action where the prior action is adjudicated upon the merits. Town of Atrisco v. Monohan, 56 N.M. 70, 240 P.2d 216 (1952). However, a judgment against a party because the cause of action was prematurely brought will not bar a subsequent action when the right of action becomes complete. Houston v. Briggs, 246 Or. 439, 425 P.2d 748 (1967); Pratt v. Baker, 79 Ill.App.2d 479, 223 N.E.2d 865 (1967), cert. denied, 389 U.S. 874, 88 S.Ct. 165, 19 L.Ed.2d 157 (1967). Likewise, where a cause is dismissed because of the absence of a cause of action, and the matter was not decided on its merits, subsequent litigation of the issues is not barred. Goddard v. Security Title Ins. & Guarantee Co., 14 Cal.2d 47, 92 P.2d 804 (1939); 46 Am.Jur.2d Judgments § 479 (1969).

Here, both suits concern the application of the County's ordinance to the landfill. However, the first suit was dismissed upon the County's motion. This motion claimed that either the City could not properly obtain a determination under the writ of certiorari statute or it could not obtain a determination because there was no actual controversy between the parties at that time.

If there was no actual controversy, it was because the cause of action was not ripe or because there was no cause of action. As shown above, neither of these bases would bar the claims raised in the present suit. The County's res judicata claim must therefore rest on the premise that the court in the first suit held that a writ of certiorari would not lie on behalf of the City. Assuming that the trial court so found, we must consider whether that was an adjudication upon the merits.

This Court considered the meaning of "upon the merits" in Seward v. D. & R.G., 17 N.M. 557, 580, 131 P. 980, 988 (1913), and stated: The direction to decide ... cases "on their merits" simply means that the court shall decide them on a consideration of their substance and the legal rights involved in opposition to a decision based upon mere defects of procedure or the technicalities thereof. It means the court shall do justice irrespective of informal, technical or dilatory objections or contentions. (Citations omitted.)

In Paulos v. Janetakos, 46 N.M. 390, 393, 129 P.2d 636, 637 (1942), this Court held that though there were identical parties in two suits, if the second suit was brought upon different claims or demands, the first suit operates to bar only the "questions, points, or matters of fact in issue ... which were essential to (the first) decision, and upon the determination of which the judgment was rendered. (Citations omitted.)"

The present suit was brought by the County seeking to enjoin the City from operating its landfill based upon the ordinance. This issue was never reached in the first case. The first case was not decided upon the merits, nor was the question now raised essential to a determination in the first case. Under these circumstances, res judicata is not applicable to the claims raised in the present suit.

II

Counties have statutory authority to enact both general police power ordinances and zoning ordinances. However, enactment procedures and regulatory powers differ between the two. Compare Sections 4-37-1 to 4-37-9, N.M.S.A. 1978 with Sections 3-21-1 to 3-21-26, N.M.S.A. 1978.

The ordinance adopted by the County contains the following recitals:

WHEREAS, such Board of County Commissioners now is authorized by law to adopt a zoning ordinance; and ...

WHEREAS, it will promote health and general welfare and control and abate uses of land detrimental to the health and general welfare of the population of the County to require, before a general districting for the purpose of zoning, special use permits for land uses .... (Emphasis added.)

The ordinance proceeds to require applicants to obtain special use permits for certain specific land uses on a countywide basis. The criteria apparently used to determine whether a permit is issued include finding that the use is essential or desirable to the public convenience or welfare, and that the use is not materially detrimental to public welfare or injurious to other property in the vicinity.

This Court, in Miller v. City of Albuquerque, 89 N.M. 503, 505, 554 P.2d 665, 667 (1976), quoting 8 E. McQuillen, Municipal Corporations, § 25.01 at 12 (3d ed. 1965), stated that "zoning is defined as governmental regulation of the uses of land and buildings according to districts or zones." The County's ordinance fits within this definition. The district or zone is merely made countywide, which is permissible. Town of Plainfield v. Hood, 108 N.H. 502, 240 A.2d 60 (1968).

The County argues that this issue is not properly before us because it was not properly preserved for appeal by the City. We may consider whether the County's ordinance is an exercise of the general police power or of its zoning authority because it is a legal issue. The City's failure to request findings on this in the trial court is not fatal. State ex rel. Garcia v. Martinez, 80 N.M. 659, 459 P.2d 458 (1969).

III.

Having determined that this is a zoning ordinance, we next consider whether the County had authority to enact a zoning ordinance applicable to the City's landfill operation. Section 3-21-2, N.M.S.A. 1978 states:

A. a county zoning authority may adopt a zoning ordinance applicable to all or any portion of the territory within the county that is not within the zoning jurisdiction of a municipality;

B. a municipal zoning authority may...