SANTA FE, April 21, 2023 – Today, the City of Santa Fe (City) filed a pleading in the First Judicial District Court asking that the court stop Santa Fe County (County) from considering and approving an invalid petition to expand the area designated as the Village of Agua Fria Traditional Historic Community. This expansion effort is in direct conflict with the County’s settlement agreement and the annexing phasing agreement reached with the City.

"The City has some serious concerns related to both the petition process and the claims made in the petition. We’re asking that a judge objectively review the validity of the petitions and the process used to collect them, and to fairly consider whether the statutory criteria for such a designation have been met," said Mayor Alan Webber. "It’s fundamentally important that affordable housing be developed all across Santa Fe and this parcel is really one of the last areas to make that a reality on the north side of town."

In 2022, the City and County approved a joint resolution to enter into negotiations to resolve the outstanding issues relating to annexation and to designate negotiators for both the City and County. The resolution designated City Councilors Signe Lindell and Jamie Cassutt to represent the City and County Commissioners Anna Hansen and Hank Hughes to represent the County. The negotiators met several times during 2022 and 2023, sending proposals back and forth, with the most recent meeting on January 4, 2023. As a result of that meeting, the City sent the County a counterproposal on February 8, 2023. The County did not respond to the City’s counter-proposal until April 10, 2023 – some two months later and after beginning to consider the anti-annexation proposal.  

"As we address fighting climate change and an affordable housing crisis, this is an incredibly important parcel of land to grow Santa Fe in a strategic, environmentally friendly way," said Councilor Lindell. "It’s unfortunate that we’ve had to request an injunction because we’re very close to an agreement and I know the City’s been negotiating in good faith."

The petition being considered by the County fails to meet required statutory elements for designation as a traditional historic community. As an example, the area proposed for inclusion in the expansion is not an identifiable neighborhood that has existed for more than one hundred years. City records suggest that most of the development in the area took place between the 1950s and the 1970s. In fact, the petition does not identify any structures or landmarks that are associated with the Village of Agua Fria Traditional Historic Community, nor does the area proposed for expansion have a distinctive character or traditional quality in common with the established Historic Community that can be distinguished from surrounding areas or new developments in the vicinity.

At the April 5 Special Meeting held by the County, concerns were also raised about the sufficiency of the form of the submitted petition. The signature pages do not have any sort of heading to inform the petitioners what it was that they were signing. Evidence of signature authentication by an independent party was also not presented at the Special Meeting.

"Given the incredible challenges facing the Santa Fe area–specifically the housing crisis and the threat of climate change–it’s imperative that the City and County work in collaboration to build affordable, walkable, sustainable neighborhoods," said Councilor Cassutt. "The City is willing and eager to have these important conversations and find solutions together. I hope the County will reconsider the path they are on so we can rebuild trust between our two entities and together better serve all Santa Feans."

The City’s pleading asks the court to enter a temporary injunction stopping the County from considering the expansion ordinance and, further, asks the court to schedule a hearing for a permanent injunction.