Hinkle Family Fun Center, on August 21, filed suit against New Mexico Governor Michelle Lujan Grisham, and Secretary of Health Kunkel.
On August 21, Hinkle Family Fun Center, LLC filed a civil sit against the Governor and Secretary of Health of New Mexico. In the suit, Hinkle alleges unlawful taking, and asks for just compensation from the 2nd Judicial District Court of New Mexico.
Due to the Public Health Orders issued by the State of New Mexico, Hinkle Family Fun Center was required to close on March 24, 2020. As of the date of filing, Hinkle had not yet been allowed to reopen. Accordingly, they sought compensation in accordance with the New Mexico State Constitution.
In a motion to dismiss, the State contends that since the orders are an extension of the State's police powers, the takings clause does not apply. Additionally, since the State did not actually take physical control of the property, and Hinkle did not exhaust administrative remedies, the lawsuit is invalid.
In reply, Hinkle contends that the State's claim is absurd: the State can shut any property down for any police reason, without having to pay any compensation.
A hearing has been requested for this case.
