OPINION: Palindrome's apartment complex was done illegally and should be torn down

We write as president and secretary of the not-for-profit community group Friends of Los Ranchos Inc.

On behalf of village residents, we challenged the illegal construction approvals that the Village of Los Ranchos de Albuquerque’s previous administration and Palindrome Communities LLC conspired to obtain behind closed doors and behind the villagers’ backs.

Thankfully, New Mexico Judge Barela Shepherd ruled on May 2 that the development agreement between the village and Palindrome was illegal on two fronts. First, approval by other than the Board of Trustees and Planning and Zoning Commission was unlawful. Second, allowing the approvals to be done other than at properly-noticed public meetings was unlawful.

Now Palindrome is engaging in a media campaign of intimidation, falsely claiming ignorance and innocence of this illegality while threatening village residents with a $40-plus million lawsuit if construction is halted. They blame the village for leading them astray.

But Palindrome was a knowing party to the illegal agreement, having modeled it after their El Vado agreement with the city of Albuquerque. They were the party best positioned to recognize the unlawful removal of public oversight from the approval process that instead substituted secretive, private approvals by unelected village staff only, violating New Mexico laws and village ordinances.

It’s hard to believe that Palindrome missed those very important changes from its previous development agreement. But even if their due diligence failed to expose this illegality, they can’t blame the village for signing an obviously illegal agreement.

Moreover, the contract that Plaindrome signed states that “no party … will seek to obtain any judgment imposing personal liability against the Village, Village’s Parties,” etc. It also states that Palindrome will “at their own expense, comply” with all laws, including state and municipal.

Friends of Los Ranchos first notified Palindrome of the illegality of their agreement long before the judge’s ruling, filing an appeal within 30 days of the village issuance of permits for the Palindrome project. But Palindrome began construction before the permit appeals deadline had passed, a clear breach of contract.

They have subsequently ignored all notice of the illegality of their construction, including the judge’s ruling on May 2. Their current scare tactics, using the imposing illegal structure as leverage, are unacceptable.

When Palindrome initiated construction prematurely, they were the first to breach the agreement. They cannot now sue the village for a breach they initiated. The village has not breached the agreement, and acknowledging its illegality is not a breach. Palindrome violated the agreement intentionally.

We won the court case to benefit the village and good government. Palindrome’s development is illegal.

The illegal structure can and should be torn down as per Village Ordinance 9.1.13, which plainly states: “Construction which violates any provision of this Article is strictly prohibited …” and “Violations without authorization by the Commission shall be cause for legal action by the Village to have the construction violation stopped, corrected and/or removed and a penalty assessed.”

It is the village’s responsibility to protect the health, safety and welfare of all village citizens, and to stop and correct the illegal construction. Palindrome knew what it was doing when it took the risk to continue construction after we notified it in May of 2023, before any construction on any building began, that it was proceeding illegally.

To follow the law cannot and will not injure the village. We will not allow Palindrome’s bullying tactics to prevail.

Marsha Adams if president of Friends of Los Ranchos. Nancy Nangeroni is secretary of FOLR.