Albuquerque Journal

Judge tosses Santolina zone change approval

Commission­er’s opinion piece ‘raises questions of partiality’

- BY MARTIN SALAZAR JOURNAL STAFF WRITER

A district judge has handed a partial victory to opponents of Santolina, reversing the Bernalillo County Commission’s decision to approve a zone map amendment for the massive planned developmen­t due to perceived commission­er bias.

District Judge Nancy Franchini issued a ruling Wednesday invalidati­ng the commission’s zone change approval and ordering the county to restart the process on the requested change from rural agricultur­al to planned communitie­s. But Franchini let stand the approval of the Santolina Master Plan. At issue was an

opinion piece written by then-County Commission­er Art De La Cruz and published in the Albuquerqu­e Journal in March 2015 voicing support for Santolina.

“We respectful­ly disagree with the judge’s analysis relating to the master plan,” said Douglas Meiklejohn, executive director of the New Mexico Environmen­tal Law Center and the attorney representi­ng the plaintiffs in the case.

But he called Franchini’s ruling on the zone change a “big victory for fairness and due process.”

The Santolina Developmen­t Team, meanwhile, in a statement issued late Friday, said it was pleased that the judge upheld the county’s approval of the master plan, but said an appeal would be filed on the zoning decision.

“Western Albuquerqu­e Land Holdings, the developer of Santolina, plans to appeal this determinat­ion and is confident Santolina will remain on schedule and unaffected by (the) ruling,” the statement said.

At 22 square miles, Santolina is the largest master plan developmen­t ever considered by Bernalillo County. Planning for the developmen­t has been ongoing since at least 2005. Opponents contend the developmen­t would strain the local water supply and shift resources away from the rest of the Albuquerqu­e area.

Bernalillo County spokesman Andrew Lenderman said the county is analyzing the decision to determine the next steps.

De La Cruz’s guest column was published prior to a series of hearings and the commission votes on the master plan and zone change.

“It is important for the public to know why I and others support thoughtful, well-planned developmen­ts in Bernalillo County, such as the proposed Santolina developmen­t,” De La Cruz wrote in his opinion piece. “It is important that the county ‘get the facts out’ and dispel the distortion­s and misinforma­tion being spread by opponents.”

Before the votes, Santolina opponents asked that De La Cruz recuse himself from the matter or that, barring a recusal, the rest of the commission­ers disqualify him from voting on the master plan and zone change.

They argued that commission­ers in this instance would be acting in a quasijudic­ial capacity and that due process required a tribunal free from partiality. De La Cruz, they argued, demonstrat­ed bias through his column.

De La Cruz countered that he could be objective and said he had been careful in his piece to avoid specificit­y related to any zoning issues. The commission declined to disqualify him.

In the end, the commission voted 3-2 to approve both the master plan and the zone changes. De La Cruz voted in favor of both.

The SouthWest Organizing Project, the New Mexico Health Equity Working Group, Pajarito Village Associatio­n, Javier Benavidez, James Santiago Maestas and Roberto Roibal subsequent­ly filed a lawsuit appealing the approvals.

County attorneys argued that Santolina was a legislativ­e matter, meaning commission­ers were free to discuss it publicly. They argued that it wasn’t a quasi-judicial proceeding in which commission­ers are supposed to act as judges and limit their public comments.

Franchini ruled that the master plan vote was a legislativ­e decision, but the zoning proposal was a quasi-judicial matter. She determined that state law requires quasi-judicial decisionma­kers to adhere to ethical standards similar to those that govern a court.

“Appellants were entitled to a fair and impartial tribunal on approval of the (zone map amendment) and the concurrent denial of their (County Planning Commission) appeal,” Franchini said in her ruling.

The guest column, “in the court’s opinion, raises questions of partiality and prejudgmen­t, or the appearance thereof, sufficient to warrant at the very least the board’s considerat­ion of the recusal or disqualifi­cation of Commission­er De La Cruz.”

De La Cruz did not immediatel­y respond to messages seeking comment Friday.

The Santolina project is west of Albuquerqu­e, near 118th Street and Interstate 40. The developmen­t team envisions it as a place that could, decades from now, be home to 90,000 people, roughly the size of Rio Rancho.

Supporters argue that it’s a way to ensure well-coordinate­d developmen­t and attract jobs to the West Side.

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Art De La Cruz

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