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Do I have any legal standing against city selling land in residential area for commercial use, by rezoning then selling area.

Rio Rancho, NM |

My backyard is adjoining the city owned land, the city is rezoning the land so it can be sold for use as a parking lot for a Very busy restaurant that is not in compliance with multiple city ordinances already, conditions of the sell is for the owner come into compliance-by means of this sale(need of parking space etc) I have voiced my concerns to the City regarding possible increased noise disturbances and drainage issues and safety concerns of this land being developed behind our now peaceful neighborhood. Additionally this land was zoned for multi-plan use by city, Not commercial use, can they change zoning to fit their needs? The city says it can be changed because there was no other foreseeable use for land, but in city records it is on the agenda for FY2015 with small budget noted.

-multi-use plan-approved by parks and recreation, library/public works dept. -our neighborhood has no other parkland other than this parcel which can fulfill the parkland deficit in this area that is requirement of city's original residential construction plans -reply to comment- thank you, Absolutely, and we have done so already including a petition to show the communities dissatisfaction with this proposal- without making any headway which is why we are looking for more information from legal point of view on this issue.

Attorney Answers 3


  1. Rally other homeowners and you should all go to the next city council meeting and voice your protested, these people are elected officials.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.


  2. Your recourse is strength in numbers and doing what Ms. Sargeant suggested about objecting to this proposal with your local city council members

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.


  3. Definitely voice opinion at local city council meeting and neighborhood council if it exists.

    No attorney / client relationship established. The answer is for discussion and general information only. The lawyer had not reviewed any documents or contract prior to the above comments.

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