New Mexico v. Wilson
| Docket Number | S-1-SC-38510 |
| Decision Date | 07 June 2021 |
The issue presented for the New Mexico Supreme Court's review centered on whether the State’s public health orders (PHOs) could support a claim for just compensation under either Article II, Section 20 of the New Mexico Constitution or Section 12-10A-15 of the Public Health Emergency Response Act (PHERA) (2003, as amended through 2015). With respect to the constitutional question, the Court held that the PHOs could not support a claim for a regulatory taking requiring compensation. With...
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5 cases
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Skatemore, Inc. v. Whitmer
... ... Gretchen WHITMER, in her official capacity as Governor of the State of Michigan ; Robert Gordon, in his official capacity as Director of the Michigan Department of Health and Human Services; Michigan Department of ... Store , 530 F. Supp. 3d 555 (E.D. Pa. 2021) ; MetroFlex Oceanside LLC v. Newsom , 532 F. Supp. 3d 976 (S.D. Cal. 2021) ; State v. Wilson , 489 P.3d 925 (N.M. 2021) ; Mission Fitness Ctr., LLC v. Newsom , No. 2:20-CV-09824-CAS-KSx, 2021 WL 1856552 (C.D. Cal. May 10, 2021) ; Amato v ... ...
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Adobe Whitewater Club of N.M. v. N.M. State Game Comm'n
...a property right that allowed him to exclude the public from using its water resource"); cf. State v. Wilson , 2021-NMSC-022, ¶¶ 52-56, 489 P.3d 925 (describing how there is no taking when the owner's title was already barred under existing law from using the land a certain way). Today we m......
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Coal. for Clean Affordable Energy v. N.M. Pub. Reg. Comm'n
...presume that the Legislature is well informed about existing law when it enacts or amends a statute. State v. Wilson, 2021-NMSC-022, ¶ 64, 489 P.3d 925. In substantially amending Section 62-17-5(F) to its present form, the Legislature did not amend the balancing requirements of the EUEA or ......
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