Legal Question in Administrative Law in New Mexico

I live in Luna County New Mexico. I moved here in 2004 and about 2 years ago a pernon purchased a single wide trailer and land and lives about 1/3 mile from me as the crow flies. Ever since I have been do Astronomy and this is why I purchased the property. When he moved in he placed lights around the home and left them on all night causing glair and this inhibited the reason I purchased the property in 2004 and that was to do Astronomy as at the time I purchased the property there were no lights that interfered with the use of my telescopes at night and taking pictures of various objects in space.
I talked to him and his reply was he moved here from California so he did not have to obey a bunch of laws and he could do what he wanted to. We now have on the books an ordinance where you can declare someone or what they do a nuisance and have the court stop interfering with neighbors. Also he has on numerous occasions ignored Ord. 72 banning all open burning and the use of fireworks. I have tried to get the local Sheriff to enforce the burn and fireworks as the area is under a drought and this could start a fire causing damage to my property and other including his home. as the local law refuses to uphold the laws of Luna county New Mexico what is your suggestion to one, get him to shield his lighting, put a motion detector on the light or, keep it off from dusk to dawn so I can use my telescopes and stop his open burning and using fireworks that exceed 50 ft in the air.
I feel as I was here first I have a right to continue o use my land as before he arrived and by the way he now has 6 ft fence with 4 strands of barbed wire around his house too, and from what I understand he never has gotten a building permit for the fence.
Any Suggestions?
I am about ready to file a complaint in court as the last 4th of July when he was using illegal fireworks I called 911 and nothing was done to stop his use of an open fire and fireworks in a dry drout.
Ord. 72 is available on the county web sight and I also found Ord. 41 also bands all open burning and fireworks. These Ord. are available on http://www.lunacountynm.us/ordinances.html the official sight to post county ordances.

Asked on 9/09/10, 12:29 am

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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Magistrate Court is the place to file your complaints. It will take separate filings for criminal and civil matters.

Answered on 10/21/10, 12:20 pm

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