(DOWNLOAD) "Howell v. Heim" by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Howell v. Heim
- Author : New Mexico Supreme Court
- Release Date : January 28, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
BACA, Justice. Defendants-Appellants Richard Heim, William Dunbar, and the New Mexico Human Services Department (collectively referred to
as the "HSD") appeal from a trial court order in favor of Plaintiffs-Appellees Tana Howell, Janet Brown, Catherine Barela,
and other similarly-situated plaintiffs (collectively referred to as the "Plaintiffs"). The trial court concluded that a regulation
promulgated by the HSD, Income Support Div., N.M. Human Serv. Dep't Reg. 346 (Dec. 23, 1991) (referred to as "Regulation 346"),
which terminated state-funded general assistance disability benefits for several hundred recipients, applied retroactively
and violated the due process clause of the New Mexico Constitution. See N.M. Const. art. II, § 18. In its order,
the trial court permanently enjoined the HSD from applying and implementing the regulation. On appeal, we decide whether the
trial court erred by permanently enjoining HSD from applying and implementing Regulation 346. In deciding this question, we
necessarily address four issues: (1) Whether the issues presented by this appeal are moot; (2) whether the HSD had the statutory
authority to promulgate Regulation 346; (3) whether Regulation 346 violated the due process clause of the New Mexico Constitution
on its face; and (4) whether Regulation 346 violated the due process clause of the New Mexico Constitution when it was applied
to the Plaintiffs. We hold that the trial court erred by issuing the permanent injunction and reverse the court's judgment
and order.