Albuquerque Newsdesk

ART hits another roadblock after judge’s ruling
|
Mayor Richard Berry’s Albuquerque Rapid Transit project ran into a legal pothole when a state court judge ordered the City Council to – catch this – do its job and give ART opponents a hearing on a procedural, but also substantive, matter regarding the project. In what is a relatively rare legal procedure, Bernalillo County District Judge Victor Lopez issued a Writ of Mandamus to the Council ordering it to obey a city law that requires it to give ART opponents a hearing on the refusal of the city’s Landmarks and Urban Conservation Commission to explain why it has refused to explain its decision – or non-decision – in favor or ART. That body has has twice deferred making a decision on a challenge to ART’s design. Under city law, the Landmarks Commission is required to issue findings of fact, or explain why it has deferred a matter. And if the Commission declines to issue those findings of fact, the Council is required to hold a public hearing on the matter.