Dugger v. City of Santa Fe

• Decision Date: 17 February 1992
• Docket Number: No. 11532,11532
• Citation: 114 N.M. 47,834 P.2d 424,1992 NMCA 22
• Parties: R.E. DUGGER, Jr., and Gregory Salinas, Petitioners-Appellees, v. The CITY OF SANTA FE, et al., Respondents-Appellants.
• Court: Court of Appeals of New Mexico

Page 424

834 P.2d 424

114 N.M. 47

R.E. DUGGER, Jr., and Gregory Salinas, Petitioners-Appellees, v. The CITY OF SANTA FE, et al., Respondents-Appellants.

No. 11532.

Court of Appeals of New Mexico.

Feb. 17, 1992.

Writ Issued Quashed as Improvidently Granted

and Petition for Certiorari Denied

May 21, 1992.

[114 N.M. 49] Frank R. Coppler, John A. Aragon, Coppler and Aragon, Santa Fe, for petitioners-appellees.

James C. McKay, City Atty., Santa Fe, for respondents-appellants.

Judith A. Olean, Gen. Counsel, Santa Fe, amicus curiae, New Mexico Municipal League.

OPINION

APODACA, Judge.

The City of Santa Fe, the Santa Fe City Council, and the Santa Fe City Councillors in their official capacity (collectively referred to as the City) appeal from an order of the district court reversing the City's rejection of the annexation petition of certain land developers (petitioners). The district court reversed the City's decision to reject the annexation petition at a writ of certiorari proceeding, on the grounds that the City had violated its own ordinances and that the rejection was not supported by the evidence considered by the City. The City argues that the district court: (1) lacked jurisdiction to issue a writ of certiorari to review the annexation proceedings because they were legislative, not quasi-judicial, in nature; (2) violated the separation of powers doctrine; (3) applied an improper standard of review; (4) ignored the rational reasons underlying the City's decision to reject the annexation petition; (5) compelled municipal annexation through judicial fiat; and (6) erred in denying the City's motion to quash the writ of certiorari.

We hold that the petition method of annexation provided by NMSA 1978, Section 3-7-17 (Repl.Pamp.1987), is a legislative procedure. Although the statute provides no express right of appeal when a petition is denied, we conclude that only a direct appeal lies to the district court, as opposed to a writ of certiorari proceeding. However, on direct appeal, the focus of the district court's attention must be on the constitutionality of the ordinance and the municipality's authority to enact it. Here, neither the City's general plan nor its ordinances afforded petitioners the right to have the City annex their property. It necessarily follows that the district court erred in granting petitioners' writ of certiorari (which is limited to a review of quasi-judicial actions) and in applying a whole record standard of review (which is limited to a review of administration decisions). We reverse and remand with instructions to quash the writ.

BACKGROUND

Pursuant to Section 3-7-17(A), petitioners petitioned to have 147.5 acres annexed to the southern edge of the City. Two committees of the City, a Development Review Committee and an Urban Policy Committee, together constituted the Planning Commission (Commission). The Commission's function was to review land-use issues, including annexation and zoning, and to make recommendations to the City concerning such issues. After holding meetings on petitioners' petition, the Commission recommended that the property be annexed and zoned, subject to several conditions to which petitioners agreed. The City held a public hearing and, despite the Commission's recommendation, voted not to adopt an ordinance approving the annexation as required under Section 3-7-17(A)(4). This action essentially had the effect of denying the annexation petition.

Following the City's denial, petitioners sought a writ of certiorari from the district court, requesting an adjudication that the City's decision was contrary to the applicable state statutes and city ordinances, and that it was arbitrary and capricious. The City responded to the writ petition by requesting dismissal. Later, the City also moved for (1) judgment on the pleadings; (2) dismissal of the action for failure to state a claim; and (3) an order quashing the writ. As grounds for these motions, the City argued that it had acted legislatively when it refused to annex petitioners' property and that neither statutory nor constitutional authority allowed the writ or a direct appeal from such an action.

The district court denied the City's motions and held that it had jurisdiction to review the matter. It also granted petitioners' request for adoption of a whole record standard of review, the standard typically reserved for a review of administrative actions. See In re Apodaca, 108 N.M. 175, 769 P.2d 88 (1989); Duke City Lumber Co. v. New Mexico Envtl. Improv. Bd., 95 N.M. 401, 622 P.2d 709 (Ct.App.1980). The district court issued a letter opinion, holding that, because the City had acted in a quasi-judicial capacity, the writ of certiorari was the appropriate method of obtaining judicial review and the City's decision should be reviewed to determine if it was supported by substantial evidence on the whole record. The district court also held that the City's denial of the petition, on the bases that the City would be unable to deliver services to the proposed annexation site and that it was not within the parameters of the City's Master Plan, was not supported by substantial evidence. The district court denied the City's request to submit findings and conclusions. This appeal by the City followed.

OUR ANALYSIS AS A REVIEWING COURT

Essentially, the main issue in this case, at least as formulated by the parties, is whether the City acted in a quasi-judicial capacity when it denied the annexation petition, thereby conferring appellate jurisdiction on the district court. See N.M. Const. art. VI, Sec. 13. "Quasi-judicial" has been defined as:

A term applied to the action, discretion, etc., of public administrative officers or bodies, who are required to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them, as a basis for their official action, and to exercise discretion of a judicial nature.

Black's Law Dictionary 1121 (5th ed. 1979) (emphasis added); see also State ex rel. Battershell v. Albuquerque, 108 N.M. 658, 777 P.2d 386 (Ct.App.1989); Duke City Lumber Co. v. New Mexico Envtl. Improv. Bd., 95 N.M. at 402, 622 P.2d at 710.

New Mexico Constitution article VI, Section 13, states in part:

The district court shall have original jurisdiction in all matters and causes not excepted in this constitution, * * * and appellate jurisdiction of all cases originating in inferior courts and tribunals in their respective districts, * * *. The district courts, or any judge thereof, shall have power to issue writs of * * * certiorari * * *; provided, that no such writs shall issue directed to judges or courts of equal or superior jurisdiction.

This provision grants district courts the authority to issue writs of certiorari. New Mexico follows the general rule that a writ of certiorari is available to parties seeking review of quasi-judicial actions of courts or tribunals inferior to the district courts, and not legislative actions. See Hillhaven Corp. v. Human Servs. Dep't, 108 N.M. 372, 772 P.2d 902 (Ct.App.1989); see also State ex rel. Sisney v. Board of Comm'rs, 27 N.M. 228, 199 P. 359 (1921).

We believe that the dispositive issues in this appeal are (1) the nature of the final decision required by the petition method of annexation, as opposed to the other two methods provided for by statute, and (2) the appropriate standard of review. We note that petitioners concede on appeal that annexation decisions are generally legislative in nature. See Torres v. Village of Capitan, 92 N.M. 64, 582 P.2d 1277 (1978); Leavell v. Town of Texico, 63 N.M. 233, 316 P.2d 247 (1957). Legislative action usually reflects some public policy relating to matters of a permanent or general character, is not usually restricted to identifiable persons or groups, and is usually prospective. Cherry Hills Resort v. Cherry Hills Village, 757 P.2d 622, 625 (Colo.1988) (en banc). Despite petitioners' concession, however, they nonetheless argue that, because the petition method of annexation has many of the trappings usually attributed to a quasi-judicial action, such as open meetings and hearings with the opportunity to present evidence, as well as what petitioners term "ordinances enacted by [the] municipality [that] establish mandatory standards and criteria for annexation," the district court was free to review the proceedings to determine whether the City acted arbitrarily and capriciously and whether the City's findings were supported by substantial evidence.

In New Mexico, decisions that determine how a particular piece of property can be used have been held to be quasi-judicial. See, e.g., State ex rel. Battershell v. Albuquerque (hearings before zoning hearing examiner and Environmental Planning Commission regarding application for conditional use permits were quasi-judicial); Duke City Lumber Co. v. New Mexico Envtl. Improv. Bd. (public hearing to consider petition by sawmill operator for variance in air quality regulation limiting emissions from wood waste incinerator was quasi-judicial). Additionally, annexations that have been completed pursuant to an administrative agency's order can be reviewed by writ of certiorari. See Mutz v. Municipal Boundary Comm'n, 101 N.M. 694, 688 P.2d 12 (1984); NMSA 1978, Sec. 3-7-15 (Repl.Pamp.1987).

However, annexations completed by a municipality under the petition method are reviewed under the district court's original jurisdiction. See Hughes v. City of Carlsbad, 53 N.M. 150, 203 P.2d 995 (1949); Sec. 3-7-17(C). Thus, if the annexation had been approved rather than denied by the City, the district court would have been required to exercise its original jurisdiction. However, because Section 3-7-17(C) grants the right of appeal only to property owners within an area that has been annexed, review by writ of certiorari of a decision not to annex might be deemed appropriate, see Roberson v. Board of Educ., 78 N.M. 297, 299-300, 430 P.2d 868, 870-71 ...