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1 KOB-TV, LLC V. CITY OF ALBUQUERQUE, 2005-NMCA-049, 137 N.M. 388, 111 P.3d 708 KOB-TV, L.L.C, Petitioner-Appellant, v. CITY OF ALBUQUERQUE, Respondent-Appellee.
Docket No. 22,853 COURT OF APPEALS OF NEW MEXICO 2005-NMCA-049, 137 N.M. 388, 111 P.3d 708 March 23, 2005, Filed APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY, William F. Lang, District Judge Released for Publication May 17, 2005. COUNSEL Geoffrey D. Rieder, Wayne R. Suggett, Travis G. Jackson, Maestas, Rieder & Suggett, P.C., Albuquerque, NM, for Appellant Robert M. White, City Attorney, Mark Hirsch, Michael I. Garcia, Assistant City Attorneys, City of Albuquerque, Albuquerque, NM, for Appellee JUDGES JAMES J. WECHSLER, Judge. WE CONCUR: MICHAEL D. BUSTAMANTE, Chief Judge, JONATHAN B. SUTIN, Judge AUTHOR: JAMES J. WECHSLER OPINION

WECHSLER, Judge. {1} We consider in this appeal the effect of a change in regulation on an existing property use. KOB-TV (KOB) had obtained a permit from the City of Albuquerque (City), allowing KOB to build a helipad, and had operated a helicopter at the site for several years. The City then adopted Ordinance O-73, regulating the placement of helicopters within City limits and instituting a one-year amortization period for conformance. KOB appeals the district court's order denying its appeal from the City's adoption of O-73 and determining that the City's decision to revoke KOB's permit was moot. We hold that the City's adoption of O-73 was a valid zoning decision, which was not a quasi-judicial action, and that KOB's use of its property as a helipad was not subject to immediate termination. However, we further hold (1) that there is no evidence in the record showing that the ordinance's one-year amortization period is reasonable and (2) that the City's decision to revoke KOB's building permit is not moot and the City's revocation decision was improper. We affirm in part, reverse in part, and remand for further proceedings.

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