Businesses sue state for lost money due to complying with public health order | KOB 4

Businesses sue state for lost money due to complying with public health order

Steve Soliz
Updated: January 13, 2021 05:15 PM
Created: January 13, 2021 05:03 PM

ALBUQUERQUE, N.M.- Businesses that lost money due to the public health order want the New Mexico Supreme Court to force the state to compensate them.

The case was heard virtually Wednesday.

Nicholas Sydow, the attorney representing the state, said the governor is well within her executive powers to execute the public health order.
Sydow added that any compensation for businesses impacted by the public health order should come from the legislature.

"The court has ordered argument on regarding claims for compensation based on the public health orders the court can determine as a matter of law that no compensation is available. Therefore, while the state and the governor support economic relief for people and businesses affected by the pandemic and affected by the necessary public health responses to it, neither the constitution nor fair a support individual takings lawsuits based on the public health orders."

The plaintiffs in this case, those suing the state, are referencing regulatory taking.

They claim the business owner's property rights are diminished by government actions to the point that it has a negative impact on the business and its finances.
A. Blair Dunn, who represents the businesses in the lawsuit, referenced how the state exercised police powers in implementing a public health order.

"If you can't satisfy to process any protection in the governments actions, then you're not allowed to use the police powers," Dunn said.

The court adjourned without making a ruling. However, a ruling is expected soon.

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