City delays suing county, schools over historic rules
Architectural styles of downtown construction has sparked battles

Julie Ann Grimm | The New Mexican
Posted: Tuesday, November 10, 2009
- 11/11/09
     
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  The city of Santa Fe won't immediately file a contemplated court action about enforcing its historic styles rules on county or school district property, elected officials decided Tuesday.

Last month, City Attorney Frank Katz sent a draft of a possible court filing to Santa Fe County and the Santa Fe Public Schools, explaining that the city might ask a state district judge to rule on whether the schools or county government had to follow the city's rules governing architecture in historic districts.

City councilors met behind closed doors to discuss the issue Tuesday night and instead directed city staff to seek an out-of-court resolution with other parties first, Councilor Miguel Chavez reported after the executive session.

The issue has come up several times in recent years, including during a battle over the height of a courthouse under construction by the county and negotiations over renovations at Carlos Gilbert Elementary School — both within downtown historic districts, but situated on property owned by another public entity.

Both the county manager and the local superintendent of schools said the court action was not necessary.

Katz said getting a judge's ruling on whether the rules apply would be a way to put the issue to rest and clarify what role changes in state law could play.

Contact Julie Ann Grimm at 986-3017 or jgrimm@sfnewmexican.com.






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