City of Santa Fe v. Gamble-Skogmo, Inc.

389 P.2d 13 (1964)

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City of Santa Fe v. Gamble-Skogmo, Inc.

New Mexico Supreme Court
389 P.2d 13 (1964)

  • Written by Jody Stuart, JD

Facts

Gamble-Skogmo, Inc. (Gamble) (defendant) obtained a permit to remodel a building within the historical district of Santa Fe. The historical zoning ordinance required that the windowpanes not exceed 30 square inches. Gamble satisfied this requirement by installing wooden dividers that made the windowpanes appear to have the required size. After completion of the remodel, Gamble removed the dividers, contrary to the city ordinance and the building-permit requirements. Gamble was convicted and sentenced in state district court, on appeal from the city court. Gamble appealed, asserting that regulating the size of windows had no relation to the public welfare and instead was regulation of an aesthetic detail that would not support the exercise of police power.

Rule of Law

Issue

Holding and Reasoning (Noble, J.)

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