Legal Question in Consumer Law in New Mexico

How do I file an injunction against the city of Albuquerque to stop placement of a traffic signal on my residential street? When the neighborhood was developed 9 years ago, the traffic plan was to put a traffic light on a nearby thoroughfare that has no residences except for 2 small cul-de-sacs that have 3 houses on each. Now the city has moved the traffic light site 1 block over onto a much narrower completely residential street. The word from a city employee is that the new hospital being built nearby offered to pay for the expansion of the major street if the city moved the traffic light to keep traffic from trying to gain access to their hospital from the thoroughfare, as they want their entrance to be on the major street. Is there a way to at least temporarily stop the city from putting that traffic light up to give us more time to get the ammunition to fight it?


Asked on 4/27/11, 12:44 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Yes. There are environmental statutes that require the neighborhood to be given notice of the traffic changes and an opportunity to be heard on whether the changes are inappropriate. Very tough standard even in the best of cases, and trying to stop a hospital in Duke City is an exercise in futility; but you can challenge the traffic determinations.

This is expensive litigation. You might want to check with your neighbors about joint funding.

I could handle this except as I am not a transplant (and part-time at that) I would be walking into a buzzsaw against the local guns. I can, however, help you and your neighbors qualify a firm to handle the litigation. Figure on around $25K as a retainer to get started.

Read more
Answered on 4/28/11, 10:09 am


Related Questions & Answers

More Consumer Law questions and answers in New Mexico