Summary Judgement
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2020-10.15 ORDER.Summary Judgment.Count 2 John Bassett
Text of Summary Judgment:
FILED 1st JUDICIAL DISTRICT COURT
Santa Fe County
10/15/2020 2:34 PM
KATHLEEN VIGIL CLERK OF THE COURT
Francine Lobato
Case No. D-101-CV-2020-00328
STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT
STATE OF NEW MEXICO ex rel.
THOMAS MCGILL, JERRY POWERS,
and HOWARD CALKINS,
Plaintiffs,
v.
JOHN BASSETT, individually,
JOHN BASSETT, in his capacity as
Mayor for the Town of Edgewood,
GOVERNING BODY for the Town of Edgewood,
Defendants.
and,
GOVERNING BODY for the Town of Edgewood
ex rel. THOMAS MCGILL, JERRY POWERS,
and HOWARD CALKINS,
Plaintiffs,
v.
JOHN BASSETT, individually,
JOHN BASSETT, in his capacity as
Mayor for the Town of Edgewood,
JOSEPHINE BASSETT and EUGENE BASSETT,
Defendants.
ORDER FOR PARTIAL SUMMARY JUDGMENT ON COUNT 2
OF THE FIRST AMENDED COMPLAINT FOR DECLARATORY JUDGMENT
THIS MATTER having come before the Court on Plaintiffs’ First Motion for Partial Summary Judgment against Defendant John Bassett on Count 2 of the First Amended Complaint for Declaratory Judgment;
THE CLERK OF THE COURT having issued a Certificate as to the State of the Record, filed October 5, 2020, reciting that Defendant John Bassett has not entered any appearance or filed any responsive pleading in this action;
THE COURT being fully advised in the premise of the motion, and finding good grounds therefor;
THE COURT FINDS AND DECLARES THAT:
1. Defendant John Bassett willfully violated the Nepotism Ordinance (No. 1999-B) for the Town of Edgewood by appointing his first cousin to the Town’s Planning and Zoning Commission;
2. Defendant John Bassett is deemed guilty of malfeasance in office for violating the Town of Edgewood’s Nepotism Ordinance;
3. Defendant John Bassett is subject to dismissal and removal from office as mayor for the Town of Edgewood for violating the Nepotism Ordinance;
4. Defendant John Bassett is subject to punishment for a misdemeanor criminal offense for violating the Town of Edgewood’s Nepotism Ordinance, including a fine not exceeding five hundred dollars ($500.00) or ninety (90) days in jail, or both.
IT IS HEREBY ORDERED THAT:
1. Summary judgment is entered against Defendant John Bassett as to Count 2 of Plaintiffs’ First Amended Complaint for Declaratory Judgment.
First Judicial District Court
Hon. Maria Sanchez-Gagne, Judge
Submitted By:
/s/Adrian Terry
Adrian Terry, Esq.
Attorney for Plaintiffs
Parties Entitled to Notice:
Adrian Terry, Esq.
P.O. Box 846
Edgewood, NM 87015
(505) 336-1290
(505) 281-3398 Fax
adrian@terryfirm.net
Attorney for Plaintiffs