Reimagining Albuquerque

On Monday night (March 17th), Albuquerque’s City Council stood firm in the face of organized pushback from neighborhood associations and others who argued that holding losing appellants accountable for legal fees was an attack on community participation. Instead, the council voted 6–3 to preserve the policy — with thoughtful amendments — ensuring the city can deter frivolous appeals without burdening those who truly can’t afford them.

At issue was O-25-73, which aimed to eliminate a key provision of January’s O-24-69 zoning reform. That provision requires parties who lose land use appeals to pay the incurred legal costs. It’s a response to a well-documented problem: appeals are too often used as a delay tactic to block new housing, drive up project costs, and discourage developers from building in Albuquerque. Councilor Renée Grout underscored the scale of the issue, pointing out that 91% of appeals fail and waste valuable time and resources.

The final compromise — capping fees at $1,000 and adding clear exemptions for low-income individuals and organizations representing underrepresented communities — was widely seen as a balanced solution. Councilor Tammy Fiebelkorn provided additional clarifying language to ensure these protections were explicit, and Councilor Lewis, the original sponsor of O-24-69 and the amendment sponsor, called it a friendly adjustment made in good-faith.

Those who spoke in opposition to the fee provision were largely familiar figures in Albuquerque’s neighborhood association circles. But as several public commenters pointed out, these groups don’t represent the full breadth of Albuquerque residents, and their appeals often serve to preserve the status quo rather than address real community needs.

In the end, reason and good policy prevailed. While the fee was softened, it remains a meaningful check on abuse of the appeals system — one that has too often allowed well-resourced groups to raise alarm over projects with little basis. As Councilor Grout put it, the compromise should encourage appellants to think carefully before “crying wolf.”

Albuquerque still has work to do to make its land use process more inclusive and responsive, but Monday’s vote shows that councilors are ready to stand up for balanced, forward-looking reform.