James M. Palenick, Plaintiff-Respondent v. City of Rio Rancho, Defendant-Petitioner

Summary

The New Mexico Supreme Court reversed the Court of Appeals and held that James Palenick’s demand for and acceptance of his severance payment constituted a waiver by estoppel of his right to pursue a breach of contract claim (and any claim based on an alleged Open Meetings Act violation). The Court also determined that the waiver issue is a question of law reviewed de novo. Because the waiver barred the claim, the Court did not address whether the Open Meetings Act was violated.