As you know our legal efforts are fully engaged and appear to be headed in a favorable direction:
We have recently completed a public hearing granted by the New Mexico Environment Department (NMED) because of the overwhelming objections and concerns expressed by individuals like you over the proposed concrete batch plant (CBP).
The NMED ruling on the approval or disapproval of the air quality permit application for the proposed CBP is expected within the next 7 weeks. Our testimony regarding the proposed CBP’s water usage is expected to be a major factor in this decision.
If necessary, this ruling can be appealed with the New Mexico Environmental Improvement Board and later in New Mexico State Appellate Court.
Separate lawsuits regarding Deed Restriction violations and the Private Nuisance introduced by the proposed CBP are entering into their hearing phases in the New Mexico 12th Judicial Courts of Judge Bryant and Judge Sugg, respectively. We firmly believe we have solid legal cases in both lawsuits.
Renewed interest by the Lincoln County Commissioners on establishing a Nuisance Ordinance and introducing zoning within Lincoln County. These topics will be on the agenda for the March 15 Board of Commissioners meeting.
Please keep in mind these efforts have been, and will continue to be, expensive. We are within the initial estimate of total legal costs in the $300,000 - $500,000 range. This estimate may be exceeded depending on the amount of time required to receive legal decisions which stop the CBP. We currently owe approximately $200,000 for our legal expenses. Despite this, our attorney Tom Hnasko of the Hinkle Shanor firm in Santa Fe has made it clear that he and his firm are willing to continue their efforts to obtain favorable judgments which will prevent the proposed CBP from ever being built. Based on the strength of our arguments and evidence we, along with Tom and his team, believe that favorable judgments will be granted.
However, if it were to be built the CBP will cause a sharp decrease in property values, estimated to be anywhere from 10% to 50% or more depending on your location. An optimistic 10% decrease for a home valued at $600,000 would result in a loss of $60,000. A legal fund contribution of 1% of your current estimated property value is an effective investment to prevent such decreases from ever occurring. Viewed another way, donations from all recipients of this email could erase our current deficit and ensure funding is available to successfully complete our remaining legal actions.
The Ranches of Sonterra Property Owners Association (ROS POA) is formally engaged with Hinkle Shanor for legal representation on the behalf of our entire community. Because of the insufficient funds and the debt the ROS POA continues to solely incur, a vote from the membership of the ROS POA will be required to continue our legal activities. Erasing our debt and establishing a sustainable legal fund is critical to continue our fight. We need everyone to please step up and contribute to the legal fund, even if you have donated previously.
Ultimately this is about neighbor helping neighbor to prevent construction of the proposed CBP and preserve the environment and lifestyle we all enjoy in Alto.
Donations via check made payable to ROS POA – AltoCEP are preferred due to the absence of service fees. Checks can be mailed to:
Phyllis Bewley, CPA
PO Box 123
Ruidoso, NM 88355
Alternatively donations can be made via
PayPal and GoFundMe at https://altocep.org/
If donating through one of these on-line services, please consider using the option to increase the amount of your donation to cover the provider’s service fees.
Our desired outcome is within our grasp. With adequate funding we are confident that we can and will stop the CBP.
Your generosity is needed and greatly appreciated by all of your neighbors.
/s/ The Alto Coalition for Environmental Preservation Executive Committee https://altocep.org/
Barbara Yount Cathey, Craig Cathey, Galen Farrington, Kevin Fleharty, Bill Horton, Stan Mathis, Debbie Myers, Brenda Restivo, Mark Severance, Sharon Stewart, Diorly Stierwalt, Doug Thompson, Deena Turner, Cathy Weems, Donnie Weems
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