Fort Bayard Administrative Law Lawyer, New Mexico

... We hold that because an established statutory procedure existed for seeking judicial review and DKD, the protestor, had initiated that appeals process, the protestor could not circumvent the restrictions on where an administrative appeal could be filed by filing a declaratory ...

... that the plaintiff could challenge the same ordinance at issue here through a declaratory judgment action, "provided that the declaratory judgment action is not used to circumvent established procedures for seeking judicial review of a municipality's administrative decisions." Id. ...

... Water's notice publication "substantially complied" with the statutory requirement and ordering a trial de novo on "all matters either presented or which might have been presented to [the State Engineer] as well as new evidence developed since the administrative hearing." The ...