New Mexico

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Titlesort descending Summary
Wild Horse Observers Ass'n, Inc. v. New Mexico Livestock Bd. This case dealt with a determination made by the New Mexico Livestock Board that a group of undomesticated, unowned, free-roaming horses (the Placitas horses) were “livestock” and “estray” rather than wild horses under the Livestock Code. The Wild Horse Observers Association filed suit against the Board, but their claim was dismissed by the District Court. The Court of Appeals held that 1) the horses were not “livestock”, as they had never been domesticated and therefore could not be “estray”; 2) the Board had a statutory duty to test and relocate wild horses captured on public land; and 3) the Plaintiffs did state a claim that was sufficient to survive the motion to dismiss. Reversed and remanded for further proceedings
Willoughby v. Board of Veterinary Examiners


Donald Wayne Willoughby, D.V.M., successfully appealed the suspension of his license for 180 days at the district court level.  In an appeal by the Board of Veterinary Examiners, the Supreme Court found the Board's findings of fact are supported by substantial evidence based on an examination of the entire record. The Court stated that the trial judge substituted his own judgment in reversing the decision of the Board, rather than basing his reversal upon any of the grounds set forth in the statute. While the Court affirmed the order of revocation, it held that there no language within the Uniform Licensing Act that gives the Board the power to place the appellee on probation after the period for which his license has been suspended.

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