A.
Any person who is adversely affected by a decision of the Planning
Commission in approving or disapproving a subdivision plat, Claim
of Exemption, Request to Vacate or variance may appeal to the Board
of County Commissioners within 15 days after the date of the action
of the Planning Commission. The Board of County Commissioners shall
hear the appeal and render a decision within 30 days after receiving
the notice of appeal.
B.
Any person who is adversely affected by a decision of the Board of
County Commissioners in approving or disapproving a subdivision plat,
Claim of Exemption, Request to Vacate or variance may appeal to the
District Court of the County in which the subdivision is located within
30 days after the date of the action of the Board.
A.
The appeal shall consist of a whole record review, and the reviewing
authority, whether it is the Board of County Commissioners or the
District Court, shall set aside the action of the lower tribunal only
if it is found to be:
B.
Any party to the action in District Court shall have full appellate
rights in accordance with the laws of the State of New Mexico and
the rules of appellate procedure for the State of New Mexico.
C.
The appeal shall be perfected by filing a written notice of appeal,
which sets forth the specific portion or portions of the decision
being appealed. A copy of the decision or order being appealed shall
be attached to the notice of appeal. The appeal shall be perfected
upon filing of the notice required by these regulations and payment
of the required administrative fee.
