Blog
Dec 1, 2003
A Supreme Court decision soon
An appeal of District Court's decision affirming our subdivision approval was filed by the opposition with the State Supreme Court on December 12th. We filed our response yesterday and the Supreme Court must now make a decision during the next 30 days as to whether or not to hear the case. I'm hopeful that like the Appellate Court, they will quickly deny the appeal. So, as I continue to patiently wait for the end of the legal proceedings, I would like to send all of you my wishes for...
The gift of love, the gift of peace, the gift of happiness... may these be yours in the New Year.
Thank you for your continued support in making Birds of a Feather's community a reality!
Nov 29, 2003
Website problems solved
I apologize for the lengthy delay between news updates. I have been experiencing problems with new website software which are now resolved.
Since the last update, the opposition filed a petition with the State Court of Appeals requesting that they hear the appeal. Court of Appeals does not have to hear every case and on Monday, November 24th, they denied the petition which means they refused to hear the case!
Oct 10, 2003
THE APPEAL IN DISTRICT COURT IS OVER!
AT THE HEARING TODAY, THE HONORABLE JUDGE MATHIS RULED IN OUR FAVOR! HE STATED THAT IN HIS OPINION THE COUNTY DID NOT ACT ARBITRARILY OR CAPRICIOUSLY BY APPROVING THE BIRDS OF A FEATHER SUBDIVISION.
Read the front page article on The New Mexican Newspaper
Oct 8, 2003
They shall hear it
We have been notified that a hearing has been scheduled for October 10th at 8:30 a.m. to hear oral arguments regarding the County's facts and conclusions that were provided to the judge on September 10th. I'm hopeful that this will be our last hearing and that the judge will rule in our favor! Once again, please keep Birds of a Feather in your thoughts and send positive energy our way. Your continued support is greatly appreciated as always!
Oct 1, 2003
Fabulous fall weather
Fall is here and the weather is fabulous. I'm still waiting for the judge's decision regarding the appeal.
In the meantime, I have been very busy showing the property, updating the website and developing products with our beautiful Birds of a Feather logo.
Check out the new features on our Home page. I particularly like the flash slide show in the center of the screen and the new navigation which should make it easier to get around the site. There are now close to 30 pages for you to peruse and learn about our community!
Sep 10, 2003
Waiting on the judge
The Board of County Commissioners met yesterday and announced in a public hearing their facts and conclusions regarding the Fair Housing Act issue raised in a hearing on November 25, 2002. All of the conclusions adopted by the Board support their decision to approve our subdivision. The findings were delivered to Hon. Judge Mathis in District Court immediately after the hearing. We must now wait for Judge Mathis' decision regarding the appeal. Keep the positive thoughts and energy coming our way. I will send out an online newsletter and update this section as soon as we receive his decision. Please let me know if you have changed your e-mail address within the past six months or so...
And some exciting news... T-shirts with our beautiful logo have been ordered and will be available to purchase on our website in about two weeks! Also, speaking of our website, we will be launching our newly enhanced website sometime next week!
Aug 26, 2003
Finding the facts
The Board of County Commissioners will announce their findings of facts and conclusions regarding the approval of our amended plat at a hearing on September 10th. They will then forward their findings to district court so the honorable Judge Mathis can make his decision regarding the pending appeal.
Aug 22, 2003
A letter from the judge
We received a letter today from the District Court judge handling our appeal. He has remanded the matter to the Board of County Commissioners so that it can make specific findings of fact and conclusions regarding the evidence presented at the November 25, 2002 public hearing concerning the Fair Housing Act.
Aug 3, 2003
A brief note
Just a brief note to let you know that I have not heard from District Court yet regarding the judge's decision. The fifteen day period to receive a decision was up on July 29th. The delays continue and so does my commitment to this community. I will post here as soon as we receive the decision.
There are many showings scheduled for the month of August. We will be showing the community property to visitors from New York, North Carolina, Arizona, California, Georgia, Minnesota and Santa Fe.
Keep sending your positive energy and support. It is greatly appreciated!
Jul 14, 2003
And the saga continues part 2...
We had our hearing today regarding the appeal of the subdivision approval. (Please read the previous entries for details of the appeals) After listening to arguments from both sides, the judge told us that he would issue a written order of his findings within the next 15 days. Haven't I had enough lessons in patience yet???
Jun 11, 2003
Next hearing date
We have received notice that our next hearing date is July 14th.
At this hearing, the judge will review the issue on appeal (whether the approval of the subdivision by the County was legal) and will make a ruling. The opponents argue that the approval was improper because they contend that we have violated the Fair Housing Act by showing a preference for women in our marketing.
May 6, 2003
Hearing update
Our hearing was held last Friday, May 2 in District Court. We filed a motion in March asking District Court to dismiss the latest appeal.
Unfortunately, the judge didn't dismiss the appeal. However, since our motion to dismiss was filed, the appeal process has been moving forward and both sides have already filed their briefs and are ready to proceed with a hearing.
Apr 2, 2003
District Court hearing
I have lots of news to report! Just in the last few days, we have received notice of the date for our hearing in District Court to hear our motion to dismiss the latest appeal. The hearing is scheduled for May 2nd.
Jan 29, 2003
A quick update
Just a quick update regarding the new appeal. We filed a motion yesterday asking District Court to dismiss the appeal. We obviously believe that we have a strong case for dismissal and hope that the District Court Judge will find our arguments to be worthy.
Jan 10, 2003
Happy New Year 2003!
Happy New Year and Best Wishes for a very healthy and joyful year!
The appeal which was pending for the last several months was dismissed in December as a result of amending our final plat. Unfortunately, a new appeal was filed today on our amended final plat by the same small group of local residents. We will have more information to share with you regarding the timing and process of the new appeal in about 45 days.
We have several showings scheduled in the next few months. We will continue to take lot reservations with a minimal deposit until all of the legal issues are resolved. Please let us know if you would like to schedule a visit.
2003 is the year of Birds of a Feather!
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