San Clemente bulk fuel facility appeal dismissed

September 24, 2009

The appeal of a district court decision to uphold the rezoning of land in San Clemente that will allow the construction of a bulk fuel terminal has been dismissed by the New Mexico Court of Appeals.

“Initially, the court of appeals has ruled against San Clemente,” said H. Vern Payne, the appellants’ attorney.

He said the decision to dismiss the appeal was based on a procedural matter.

“They ruled that the way to have gone from district court to them was by what’s called a certiorari,” he said. That’s when a higher court, such as the New Mexico Supreme Court, orders a lower court to review a matter.

“The intent of their ruling is to kill the matter,” he said. “The only remedy would be to apply for certiorari to the Supreme Court.”

The case was dismissed by order of the court on September 10. Payne informed his clients today.

The San Clemente Neighborhood Association filed the appeal after losing in district court in late June. Among other things, the group  argued that the Valencia County Commission had illegally spot zoned when it rezoned land west of Los Lunas for heavy industrial use.

Plains All-American Pipeline will build and operate the bulk fuel facility in San Clemente. Petroleum-based fuel will be pumped to the facility by a pipeline bisecting the county, where it’ll be stored in tanks. Tanker trucks will fill up and deliver the fuel to sites in the Albuquerque area.

San Clemente residents now have the option of seeking an order from the Supreme Court for a review of the matter.

“My clients have not yet decided if we’ll take it on to the Supreme Court,” Payne said.

Posted in: Archive