Temporary restraining order targets new Los Ranchos mayor, trustee

Two companies developing properties in Los Ranchos are seeking a judicial order to head off what they contend would be an “improper abuse of power” by the new advocate-turned-mayor of Los Ranchos and a newly installed member of the board of trustees.

The showdown focuses on whether Mayor Joe Craig and Trustee Jennifer Kueffer should be required to disqualify themselves from participating in trustee meetings or other actions involving the Palindrome Communities Village Center and the proposed construction of 16 homes by developer Chavez Guadalupe LLC.

Both Craig and Kueffer were opponents of the projects prior to their election on Nov. 7.

A lawsuit seeking a temporary restraining order in the Chavez Guadalupe LLC case is set for a hearing on Jan. 12. No hearing date had been scheduled for a similar request from Palindrome as of Thursday.

At issue is the prior public opposition by Craig and Kueffer, including a Nov. 13 letter Craig wrote to Palindrome Communities demanding that the redevelopment of the Village Center cease and desist “while implying additional litigation against (Palindrome) was likely to be taken on behalf of the Village once he took office as Mayor,” stated the Palindrome lawsuit filed Wednesday.

Construction is already underway on Palindrome’s Village Center at Osuna and Fourth NW, but there may be future permitting requests or other issues that arise that would require the Board of Trustees’ approval, the lawsuit stated. Such meetings of the trustees are considered “quasi-judicial,” the lawsuit states.

But Palindrome contends it cannot expect “a fair hearing before an impartial tribunal if either Mayor Craig or Trustee Kueffer are permitted to participate. “And there’s no reason to believe that either Craig or Kueffer will voluntarily recuse themselves,” the lawsuit alleges.

“In particular, the comments made by both ... prior to and following the Nov. 7, 2023 election strongly suggest that both ... view their election not as conferring upon them positions of public trust, but instead ‘bully pulpits’ that will allow them to achieve, by improper abuse of power, private interests that neither could accomplish through legitimate means of public discourse and judicial review.”

“Finally, Petitioners have reason to suspect that Mayor Craig, or Trustee Kueffer, or both, may use or attempt to use the powers of their office in manners inconsistent with the Governmental Conduct Act,” the lawsuit alleges.

The home constructions project at 6535 Guadalupe Trail NW already has been approved by the village. But the temporary restraining order request by Chavez Guadalupe states that public comments made by Craig and Kueffer at a Dec. 13 Board of Trustees meeting, opposing that development, are evidence that the company can’t expect a fair hearing if the two participate in future board actions on the project.

“Intervention of this Court is necessary to protect the due process rights of the Petitioner,” the lawsuit states.

Craig on Thursday referred the Journal to the new village general counsel, Bill Chappell, for comment. Kueffer couldn’t be immediately reached for comment.

Chappell said he was reviewing the two lawsuits and hadn’t yet determined the village’s position in the cases.

Craig, addressing the concerns of a conflict of interest, has said he has relinquished his position as head of the Friends of Los Ranchos, which has filed four lawsuits opposing the Palindrome project and has protested the Chavez Guadalupe planned development. Craig also said he has turned over any interests he has in a fifth lawsuit, alleging violations of the state Open Meetings Act, to another Los Ranchos resident.

But critics say that, to avoid any actual or potential conflict of interest as mayor, he needs to remove himself from any involvement in directing the village legal strategy in the lawsuits and can’t use or share any confidential information about the cases that he receives as mayor.