CFT v. BOARD OF COUNTY COM'RS

• Decision Date: 11 June 2001
• Docket Number: No. 20,548.,20,548.
• Citation: 32 P.3d 784,130 N.M. 775,2001 NMCA 69
• Parties: C.F.T. DEVELOPMENT, LLC, a New Mexico limited liability company, Petitioner-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF TORRANCE COUNTY, Respondent-Appellee.
• Court: Court of Appeals of New Mexico

32 P.3d 784

130 N.M. 775

2001 NMCA 69

C.F.T. DEVELOPMENT, LLC, a New Mexico limited liability company, Petitioner-Appellant, v. BOARD OF COUNTY COMMISSIONERS OF TORRANCE COUNTY, Respondent-Appellee.

No. 20,548.

Court of Appeals of New Mexico.

June 11, 2001.

William J. Darling, Margaret P. Armijo, William J. Darling & Associates, P.A., Albuquerque, for Appellant.

Anthony B. Jeffries, Albuquerque, for Appellee.

OPINION

BOSSON, Chief Judge.

{1} The Board of County Commissioners of Torrance County reviewed and rejected a subdivision plat submitted by the developer, C.F.T. Development, LLC (CFT). After an unsuccessful appeal to the district court, CFT brings its case to this Court on a writ of certiorari. In agreeing with the decision of the district court, we clarify the limited grounds on which this Court grants certiorari and reviews a district court decision when the district court has acted in its appellate capacity in reviewing the decision of an administrative agency. We also clarify the important role played by county commissions under the New Mexico Subdivision Act in performing an independent review of proposed subdivisions within their jurisdiction. See NMSA 1978, §§ 47-6-1 to -29 (1973, as amended through 1999).

BACKGROUND

{2} CFT applied to the Planning and Zoning Board of Torrance County for plat approval to develop a 152-acre subdivision consisting of 123 single-family lots, averaging slightly more than one acre each. Public hearings were conducted by the Planning and Zoning Board, and the parties presented various reports, opinions, and live testimony both in favor of and in opposition to the proposed subdivision. At the conclusion of the hearing process, the Planning and Zoning Board recommended to the Torrance County Commission that the subdivision be approved. The County Commission then conducted a public hearing at which it heard testimony from numerous concerned citizens and other witnesses, both lay and expert. The County Commission also considered the reports and other evidence that had been presented to the Planning and Zoning Board. Ultimately, the County Commission rejected the recommendation of the Planning and Zoning Board and voted not to approve CFT's proposed subdivision.

{3} CFT then appealed to the district court. Initially, the district court remanded the matter to the County Commission so it could state in writing its reasons for denying the subdivision application as required by county regulations. The County Commission then entered detailed findings of fact and conclusions of law explaining its reasons for denying the proposed subdivision, and the matter was once again heard on appeal by the district court. After considering the record of proceedings below and legal briefs presented by the parties on appeal, the district court entered its order upholding the County Commission. The district court sustained the County Commission's findings of fact and conclusions of law "as being supported by substantial evidence upon a whole record review." The court also concluded that the County Commission's denial of the proposed subdivision was "not arbitrary, capricious or otherwise contrary to law." CFT then attempted to appeal to this Court.

{4} In lieu of an appeal, the Court of Appeals afforded CFT an opportunity to file a petition for writ of certiorari. See Hyden v. N.M. Human Servs. Dep't, 2000-NMCA-002, ¶ 17, 128 N.M. 423, 993 P.2d 740

. In that petition, CFT set forth its reasons why we should grant the writ. CFT claimed, much as it had previously argued to the district court, that the decision of the County Commission was arbitrary, capricious, an abuse of discretion, not in accordance with law, and not supported by substantial evidence. The petition also alleged that CFT's subdivision application complied with all applicable county regulations and zoning ordinances. The petition further claimed that the County Commission had applied an unlawful and vague standard in rejecting its subdivision application contrary to the authority granted counties under the New Mexico Subdivision Act. We granted the petition and issued a writ of certiorari to the district court.

{5} Before addressing the merits of CFT's legal arguments, we take this opportunity to discuss the limited grounds for granting certiorari and reviewing a decision of the district court when the district court, acting in its appellate capacity, has reviewed the decision of an administrative agency. See NMSA 1978, § 39-3-1.1 (1999); Rule 12-505 NMRA 2001. As part of that discussion, we specify which of CFT's arguments we can entertain on certiorari, and which arguments we cannot.

DISCUSSION

Scope of Judicial Review on Certiorari

{6} We have previously described Section 39-3-1.1 as "comprehensive administrative appeals legislation materially changing the method by which parties aggrieved by a final decision of certain administrative agencies could seek appellate review." Hyden, 2000-NMCA-002, ¶ 2, 128 N.M. 423, 993 P.2d 740. Under Section 39-3-1.1(A), which went into effect September 1, 1998, if final agency decisions are "placed under the authority of [the statute] by specific statutory reference," then appeals from the agency lie directly to the district court sitting in its appellate capacity. See also VanderVossen v. City of Espanola, 2001-NMCA-016, ¶ ¶ 7-16, 130 N.M. 287, 24 P.3d 319,

cert. granted, No. 26,832, 130 N.M. 213, 22 P.3d 681. On appeal, the district court reviews the agency decision under what is commonly called an administrative standard: whether the agency acted fraudulently, arbitrarily or capriciously; in accordance with law; or with substantial evidentiary support. See § 39-3-1.1(D); Rule 1-074(Q) NMRA 2001. From the final appellate decision of the district court, a party aggrieved may seek review in the Court of Appeals only by filing a petition for writ of certiorari, which may be granted at the discretion of this Court. See § 39-3-1.1(E), (F).

{7} As with many other kinds of agency final decisions, the legislature has specifically made Section 39-3-1.1 applicable to appeals from county commission decisions under the New Mexico Subdivision Act: "A party who is or may be adversely affected by a decision of the board of county commissioners in approving or disapproving a preliminary or final plat may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978." Section 47-6-15(B) (1999). Thus, appeals under the Subdivision Act, such as the present one, are made to the district court which reviews them under an administrative standard. Any judicial review thereafter is limited to a writ of certiorari to the district court.

{8} Soon after the effective date of Section 39-3-1.1, our Supreme Court promulgated Rule 12-505 for the express purpose of governing the limited grounds on which this Court may issue a writ of certiorari to review the decision of a district court in an administrative appeal. See Hyden, 2000-NMCA-002, ¶ 2,

128 N.M. 423,

993 P.2d 740. Under Rule 12-505(D)(5), the petitioner must specify one of four grounds for granting the writ. Those grounds are: (a) a conflict between the district court order and a prior appellate opinion of either this Court or the Supreme Court; (b) a conflict between the district court order and any statutory provision, ordinance or agency regulation; (c) a significant question of law under the New Mexico or United States Constitutions; or (d) an issue of substantial public interest that should be determined by this Court. No other grounds exist for issuing a writ of certiorari to the district court to review administrative appeals. Granting the petition for a writ of certiorari is a matter that rests in the sound discretion of this Court. Rule 12-505(B).

{9} The grounds for granting certiorari notably omit much of what commonly falls within an administrative standard of review. Therefore, it appears that Section 39-3-1.1 and Rule 12-505 assign to the district court, but no longer to this Court, the task of reviewing whether a final decision made by an agency is arbitrary, capricious, fraudulent, or an abuse of discretion. The task of determining whether agency decisions are supported by substantial evidence is likewise the province of the district court sitting in its appellate capacity.

{10} Thus far, we have referred only to the plain language of Rule 12-505 and Section 39-3-1.1 to decide the effect of certiorari procedure on our review of administrative appeals. However, we find much guidance in the Supreme Court's description of how it exercises its own certiorari power. See Rule 12-502 NMRA 2001. The Supreme Court recently made clear that the grounds for certiorari under the rule limit the Court's jurisdiction when it proceeds under a writ of certiorari. See State v. Conn, 115 N.M. 99, 100, 847 P.2d 744, 745 (1993)

. Significantly, the Supreme Court emphasized that its jurisdiction in certiorari cases "does not encompass weighing or reviewing the resolution of factual issues by the [lower court]." Id. In Conn, the Supreme Court specifically held that a writ of certiorari did not allow it to review and reverse an opinion of the Court of Appeals in which our Court held that the district court had abused its discretion by admitting into evidence a prior conviction of the defendant. See id. at 101, 847 P.2d at 746. Matters of abuse of discretion were solely for the initial appellate court to review. See id.

{11} Comparing Rule 12-502 with Rule 12-505 demonstrates that the criteria for issuance of the writ are practically identical in the two rules. The Supreme Court's interpretation of the criteria for one rule, giving those criteria jurisdictional footings as it did in Conn, is highly relevant to how this Court should view similar criteria in Rule 12-505. Therefore, we hold that Rule 12-505 limits both the grounds on which we will issue a writ of certiorari and the review we will thereafter conduct of a district...