Las Cruces Mayor Ken Miyagishima said this afternoon that the city will discuss the possibility of legal action after the attorney general said on Wednesday that a controversial land deal that could double the city’s size contains provisions not authorized by state law.
“That’s something that obviously we’re going to at least bring to the level of discussion at the council,” Miyagishima said when asked if the city might sue. “We’ll definitely have to discuss it.”
Miyagishima said he would also be interested in exploring whether the situation creates the opportunity to make any changes to the city’s May annexation and master-plan approval for The Vistas at Presidio.
“I think it could be a good opportunity to institute some of the issues and concerns that were brought up before and, if applicable or enforceable, I would be interested in exploring that,” Miyagishima said. “I’m sure it will be discussed at the council meeting, but we just need to be cautious about it.”
Attorney General Gary King on Wednesday released his long-awaited opinion that the lease agreement’s method of compensating Las Cruces developer Philip Philippou’s Solo Investments for developing The Vistas at Presidio is “not comprehended by and in conflict with” a statute that only allows developers who lease and improve land for the state to be compensated for the appraised value of the improvements. The lease agreement, approved by Land Commissioner Pat Lyons in December 2006, would also compensate Philippou for other project costs and 40 percent of the change in value of the land as a result of the improvements.
While King said the compensation agreement is not authorized by state law, he didn’t use the word illegal to describe it, and said it would be up to the courts to decide whether the lease is enforceable. His spokesman said King has no plans to take the issue to court.
Which leaves another interested party, such as the city, to decide whether to sue. The new majority on the council was elected by people who are frustrated with the city’s growth policies and this development, so many will be closely watching Miyagishima and the council.
Miyagishima has indicated that he’s not afraid to confront the growth controversy. He recently wrote a letter to
But for now, Miyagishima said it’s best to proceed with caution.
“We just want to see how this is going to affect the issue at hand,” he said. “… I guess it’s all up to what the council wants to do, if they want to investigate further.”
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