New Mexico Supreme Court

Palenick v. City of Rio Rancho

June 27, 2013

Summary

The New Mexico Supreme Court held that 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 based on an alleged Open Meetings Act violation, and therefore reversed the Court of Appeals. Because the waiver barred the claim, the Court did not address the other issues presented, including retroactive ratification of the termination and the requirement of a cross‑appeal notice.