FOLR Settles Lawsuits with Village, Palindrome

Trustee approval 10/23 ends legal drain on Village coffers, saves Village over $85K in legal reimbursement, according to Village attorney

FOLR Comments for October P&Z Meeting

We wrote the following letter/opinion to the ABQ Journal editor in response to Chad Rennaker’s propaganda the Journal published on July 12. To date, our letter remains unpublished.

Palindrome is NOT acting in good faith

In the July 12 Journal Opinion “Palindrome has acted in good faith on Village Center Project”, Chad Rennaker, Palindrome CEO, advances egregious untruths that need correction.

He starts by falsely claiming that Friends of Los Ranchos (FOLR) claims that he hasn’t met with us. That is untrue, we’ve never claimed that he wouldn’t or hasn’t met with us. He just never made a significant concession to residents’ interests.

His claim that FOLR walked out of the mediation is false. He was the only one that didn't show up in person, calling in via Zoom. He suggested that Friends raise $10 million to make modifications to his development. Talks quickly broke down. FOLR spent hours waiting, working towards a better result, departing only when lawyers for both sides agreed no progress was possible.

Rennaker claims that tearing down the illegal buildings would cost the village tens of millions. But in court he testified that it would cost his own company those monies, potentially putting him out of business. He knows that the Village will never be liable for the cost of curing the blight that he’s trying to impose on us. His development is illegal, product of a corrupt process that conspired to circumvent residents’ wishes.

He also claims that his development fulfills two decades of planning; again, false. The Village planned low-profile buildings housing community assets and senior-specific housing. Not the monstrosity.

Rennaker also claims, in an ongoing refrain, that residents and newly elected officials “do not want affordable housing in their community.” This is patently untrue. In fact, FOLR and most Village residents do not oppose affordable housing. We support assistance to people who are struggling to make ends meet. We have multiple apartments and trailer parks in our Village which are affordable housing that makes sense. They are low impact on the environment compared to developments like Rennaker’s. They don’t burden the local community with a sudden population increase. Indeed, a mobile home park was destroyed, residents evicted, as part of the machinations that brought us this monstrosity.

The problem with mobile homes and small-scale affordable apartments is that they don’t make anyone rich.

Rennaker claims that he is willing to make compromises, but in the two recent meetings with Villagers, he offered 10 “compromises” – meaningless overtures – that included things like choice of a paint color from three options, a banner of our choice hung on one of the buildings, and actually following the law for the final phases of the development.

On top of all this, Rennaker’s property management company, PacifiCap, has been called out by tenants at multiple sites for shoddy construction and unresponsive management. He’d saddle the Village with a deteriorating eyesore filled with unhappy tenants. We’d greatly prefer affordable housing that integrates people into the community instead of crowding, isolating and subjecting them to his mismanagement.

Rennaker’s not being honest with us. We cannot trust his words. But FOLR has been, and will continue to be, an honest representative of Village residents. Those residents who say they don’t want the illegal structure torn down are mostly saying so because they fear the financial ruin of the Village. But the Village is protected by an indemnification clause in the contract with Palindrome, the NM Risk Management Department, and the court’s judgment in our favor. Friends will not be the cause of the ruin of our Village. We hate wasting that construction expense. But if we can get that monstrosity torn down — as the law provides — then we will do so.

Marsha Adams, President, FOLR

Nancy Nangeroni, Secretary, FOLR

Public Meeting: Ordinance #299

(Conservation Development)
Wednesday, July 31, 2024
5-7 pm
6718 Rio Grande, Village Hall

Journal 7/24, Ollie Reed: Palindrome construction may go on

FOLR is disappointed to report that In court today, Judge Luhan ruled in favor of Palindrome in both matters before her, imposing a temporary restraining order (TRO) against trustee Jennifer Keuffer on Palindrome-related matters, and refusing to order the stoppage of Palindrome's continued construction on the Village Center project.

Letter to the editor by FOLR President Marsha Adams and FOLR Secretary Nancy Nangeroni.

Village Meetings with Palindrome

June 24, 2024

June 22, 2024

What do YOU want to see happen with the Village Center? Developer voices are being heard. What about yours? Email your trustees today:

gbenavides@losranchosnm.gov

gradnovich@losranchosnm.gov

jkueffer@losranchosnm.gov

freinow@losranchosnm.gov

Congratulations FOLR Members

You showed up and successfully defended the rule of law in our Village on Wednesday, May 29 at the Trustees meeting. (video)

  • You helped defeat the motion to appeal the court’s ruling that the approvals for Palindrome’s development illegally excluded public participation in the planning process

  • You helped approve the filing of an injunction against Palindrome’s continued construction at 4th & Osuna

Letter to the Albuquerque Journal:

reprinted without permission

Joe Craig fought to preserve Los Ranchos

I want to thank the Journal, and especially staff writer Ollie Reed Jr., for several recent front-page columns about the determined fight in Los Ranchos to stop the massive, illegal, and hotly contested Palindrome development at Fourth and Osuna.

I especially commend you for (the May 22) article about the untimely death of Los Ranchos Mayor Joe Craig, one of the most adamant fighters against this offensive development and in defense of protecting and sustaining the village’s rural character against such intrusive developments that are imposed without villager approval.

I did not know Joe Craig until I joined hundreds of other Los Ranchos villagers in organizing to stop the Palindrome project, which Ollie’s article says is “popularly known as the Village Center,” though we in the village do not call it that.

Rather, it is an ugly, imposed construction that we had no voice in approving and now struggle to halt its offensive and illegal construction.

Joe Craig led us with passion in this fight. His sudden death is a great loss not only to his family, but also to this village whose rural nature he fought valiantly to protect, and to all the villagers who joined in the effort he led.

We join with his family in mourning his passing. In addition, I hope we have learned from his example and will continue this fight until the offensive Palindrome project, and any others like it, learn to respect our desire to grow and modernize in ways that respect our open spaces, our rural history, and our commitment to local voice and control.

LOIS MEYER

Los Ranchos

Friends WINS!

The court has ruled in favor of one of the two lawsuits brought by FOLR against the Village for their violation of public trust and the Open Meetings Act. The second lawsuit, which more directly addressed the OMA, should obtain a similar ruling soon, as the facts have now been ruled upon.

FOLR, the Village, and Palindrome will meet on May 14 for a mediation to see if we can work out a solution acceptable to all parties that would avoid further litigation and legal expense. FOLR wants to align with the Village Trustees against Palindrome, which would give us the best chance for a successful mediation. The Trustees will be meeting in a closed door session Monday (May 6) to determine their response.

We ask the Trustees to put our Village’s future well-being before dubious promises of GRT from the VC project. We also believe that minimizing further cost to the Village depends on Trustee alignment with FOLR which gives us the best chance for a successful mediation, and that protracted litigation from not doing so will cost the Village far more than any GRT from future Village Center business.

FOLR thanks Mel Eaves and Joe Craig for their leadership in defense of our Village.

Albuquerque Journal 5/3: Judge: Development violated state law

Arguments Against Guadalupe/Chavez

Equip yourself with our notes about why the Guadalupe/Chavez development is wrong for Los Ranchos.

New FOLR Leadership

With Joe Craig’s election as Mayor of Los Ranchos, and because of FOLR’s pending litigation against the Village for violations of local and state law, Joe has resigned from all involvement with the Friends of Los Ranchos. We thank Joe for his years of service to FOLR, and welcome his continuing service as our Mayor with great anticipation and our full support. Thanks, Joe, you’re the best!

FOLR’s Board has unanimously elected as our new President Marsha Adams. We also unanimously elected as our new Vice President Marcia Smiley.

Here’s the letter which was sent out by email to voting members of the FOLR Board.

Voting concluded on December 13 when the outcome was announced by phone to all voting members and posted here on the FOLR website.

Watch Trustee Meetings

Open Meetings Violation Letter to Village, July 19, 2023

Click on letter to see whole thing or download

Read Los Ranchos-related articles and Journal letters to the editor on our media page

Writ of Mandamus DENIED

On June 22, Judge Denise Barela Shepherd denied our request for a Writ of Mandamus. She gave no reason. Her ruling is below.

Legal Update

May 25, 2023

The Village of Los Ranchos was formed in 1958 when World War II and its aftermath brought a population explosion in the Albuquerque region, the Los Ranchos area became ripe for development associated with the growth boom. Concern over this growth on the part of residents helped lead to the incorporation of the modern Village of Los Ranchos in 1958.

This is the vision that we are fighting very hard to preserve and for most of us the reason we moved to the area. Unfortunately, this fight has had to go legal.  Please do not be discouraged or disheartened by the continuous building of the Palindrome project on 4th and Osuna.  What happens with this project sets the tone for future development throughout the village.  We need to win or the existence, density, look and feel of our community will be changed indefinitely.  All open spaces owned by the village or private residences will be in jeopardy for large development projects.

What has happened so far:

1. 2 Cases have been filed in District Court:

a) Palindrome Project

b) Jim Long's Housing Development

2. A request for Writ of Mandamus has been filed in District Court to stop construction at the Village Center because the site plans were unlawfully approved without notice and public hearings

We won our first hearing in district court on the Palindrome Project—the judge refused to dismiss our anti-donation claim that the village may not give away the village center land for $6.

You may have received public notice of a meeting to be held with the Planning & Zoning Commission on the Palindrome site plans and our appeal to those plans. (If you are not receiving these notices, contact the village clerk Danielle Sedillo-Molina at dmolina@losranchosnm.gov to request that you be informed of all future communications.)

The meeting took place on May 9th and the result was a 3-2 vote in our favor upholding the demands of our appeal that the three site plans were unlawfully approved.  However, the village counsel is stating that the commission does not have the authority to stop the project.  If you or I wanted to remodel our residence, we would not be able to begin construction without obtaining various levels of approvals (Planning and Zoning and Board of Trustees) and all permits that would go through all processes as required by our village ordinances.  However, this project is being allowed to avoid all of our processes which include public input at each stage of approval.

This is why it is critically important that we continue to challenge the legality of this project. If we give up now we have set the precedent for all future developers and village administrations.

We have made a change in legal counsel to a firm that is eager to litigate our filed cases.  All the legwork and lawsuits have been filed, we are beginning the litigation phase of these lawsuits.  We need to keep winning and we are confident with the support of the legal contributors who live in the village.

With that said, this is going to take money to continue this fight and conscientious voting in November. FoLR has set a goal of $50,000 to continue this fight at least to a hearing on the request for mandamus and possibly a hearing on our motion for summary judgment in the anti-donation case. We also expect to move the Long case forward.  Remember this fight is setting precedence for the future of this village, not just these two projects.

How to Donate:

1 Mail a check made payable to:

Friends of Los Ranchos to Bob Keers 7037 Guadalupe Trail, Los Ranchos, NM 87107

2 Hit the “Take Action” button at the top of this page to donate through a GoFundMe. 

Thanks for all your support this last year and continued support this year!

Our Next Steps

We, the residents of Los Ranchos, need to reach out to our neighbors once again. Our petition signing is completed but we still need donations to cover our legal expenses.

INFORM & MOBILIZE

We have filed legal appeals on three issues:

  1. The Village violated the state anti-donation statute by deeding the 4th and Osuna tracts 1-3 to Palindrome for $3. The Village needs to get fair market value for the 12 acres.

  2. The Village approved the Chavez & Guadalupe development via the Pilot Conservation ordinance that allowed for illegal spot zoning.

  3. The 4th and Osuna plat approvals were done by the village administrator and the Planning and Zoning director rather than by the Planning and Zoning Commission with final approval by the Board of Trustees with public meetings and input.

We have solid legal cases, but need citizen support lest the money spent so far by Palindrome carry undue weight in the court’s deliberations.

We believe our legal case is considerably strengthened by new information obtained by Mel Eaves. There is new optimism that Palindrome can be stopped and construction plans revised to our liking. This can only happen if we again work hard to mobilize ourselves and our neighbors.

Download a flyer to share with your neighbors and anyone else who may be interested

Guadalupe Chavez Development APPROVED; Moratorium EXTENDED

Late Wednesday, Nov. 9, following impassioned testimony by residents in opposition, the Los Ranchos Board of Trustees approved Jim Long’s development plans for 16 homes covering most of what is currently open space at Guadalupe and Chavez streets. About 2.5 of the 9+ acres will remain open. FOLR and KLRR (Keep Los Ranchos Rural) will continue working to stop this project from moving forward.

Also approved at this meeting was a moratorium extension for all development in C-1 zoned properties through March 31, 2023.

The Open Space bond issue was approved by 82% of Los Ranchos voters. This makes up to $8 million available for the purchase and maintenance of open spaces in Los Ranchos.

Good work, all!

Bond Issue APPROVED

Excellent coverage of work by the good folks of Keep Los Ranchos Rural and Friends of Los Ranchos working together.

read article

FOLR vs Village of Los Ranchos Legal Complaint filed

Friday Sept 2, 2022: Letter from FOLR attorney to Mayor, trustees

To read and/or download the letter

from SUTIN, THAYER & BROWNE

to Mayor Lopez and Village Trustees

CLICK THIS LINK

Please feel free to share

Friday Aug 12, 2022: Update on 8/10 Trustee Meeting

 The residents came out in great numbers. So many folks showed up, the fire marshall had to turn them away from entering the building! 25 to 35 were kept outside the hall.

1. Trustee Pacheco made an immediate motion to defer the Jim Long's project and a vote was quickly taken. This came off as a preplanned action on the part of all the trustees because not one objected or asked any questions. Why would Jim Long not be the one requesting the  deferral? 

2. It was briefly suggested by trustee Radnovich that the September special session should allow resident input. This special session is the trustee's open meeting where they were to sit and talk about the current conditions of the village zoning and master plan. THIS WILL BE ANOTHER CRITICAL MEETING FOR OUR GROUP!!!!! 

3. The residents gave 3 hours of open session remarks. The team from the Keep Los Ranchos Rural did an amazing job of informing the trustees and mayor of the broad petition coverage and each individual's concerns and hopes about stopping the village's high density push! All deserve a huge pat on the back! Tim Mcdonough and J T Michelson gave a pro VC project historical view and the positives aspects to the project! 

4. The transit analysis study resolution passed and it is intended to look at the entire village's traffic. This was suggested to take until the first part of next year to complete. This is a good idea that would have been good to have before the Palindrome project was agreed to.

5. At 11:15 Mayor Lopez suggested the remaining meeting items be postponed. 

They decided to do this on Monday August 15, 2022 at 6:00 PM. We need to be there in force for this one!

The items we need to prepare for are the 2 moratorium resolutions.

THESE TWO ITEMS ARE VERY CRITICAL TO GETTING THE LONG TERM FIXES OF THE ORDINANCES THAT ALLOW THE HIGH DENSITY HOUSING.

1. The Pilot project moratorium that is suggested to be until 9/30/22. 

We want it to be concurrent with the C1 moratorium or just strike the ordinance all together.2. The C1 moratorium for south of Chavez and Osuna till November 30th 2022.We want this to include all C1 and VC zones of the village.  We will need to lobby George, Gil, Allen and the mayor to try and get them on our side. SUGGESTIONS? I have reached out to the mayor and will meet with him on Monday at noon.

The Journal has another article about this last meeting. I have attached it.


One thing we should ask for to get better transparency is to get the sponsor of an ordinance or resolution on the agenda disclosed.


Comments are welcomed!

David Montoya

Joe Craig

Loretta Smith

Robert Chavez

Wednesday Aug 10, 2022: Opinion

I looked at the 2010 Master Plan (passed in 2000) which is where the Village Center was first brought into the Village’s documentation.  It spoke of staggered buildings and no large-scale buildings, it talked about stepped height restrictions with one story as the sidewalk and getting higher as you went back from the sidewalk, it talked of a higher residential density of 7 - 15 homes per acre, not the 24 per acre in the current zoning.  In a brief review of the 2020 and current 2035 Master Plans his kind of information was not discussed.  But the current project doesn’t meet this articulated version of the Village Center.

Looking at the original conceptual design in Palindrome’s proposal in the recent Village Vision, was much closer to the 2010 Master Plan vision, but from 2018 to now, it has changed dramatically.  The conceptual had 4th street with all retail and the residential was back along eastern side of the project and was much less.  It was a commercial development with residential to support it.

When, how & why did Palindrome change the project and what trustees agreed to this change?  It is very interesting that the Village Vision shows the much more acceptable original proposal and compared to the 3-story wall not to be built at 4th & Osuna.

Also the 2010 Master Plan discussed Cluster Housing and spoke of giving an increase in density proportionate to the amount of land dedicated to open space, so for 30% of the land being set aside, 30% more housing units could be built, and if 50% of the parcel was set aside then 50% more units could be built.  Again, I didn’t see any information of this sort discussed in the 2020 or 2035 Master Plans.  But under this cluster housing idea the Guadalupe/Chavez/jim Long project would at 30% have 11 houses and 2.7 acres of open space or at 50% 13 houses and 4.5 acres of open space.  But what is being proposed is 21 houses and 1.82 acres of open space.  Once again a far cry from the 2010 Master Plan.

What this says to me is in 2000 the vision for the Village was much more rural and low density, but since then under Mayor Abraham and Mayor Lopez the density’s have been increased without much specifics in the Master Plan, but in the changes to the zoning code.

Regards,

    - Tom Donelan, 6668 Edgewood Dr NW