State Ex Rel. King v. Lyons (2011)

King v. Lyons, 149 N.M. 330 , 248 P.3d 878, 906 (2011) (citing Restatement (Third) of Trusts § 86, cmt.

Thus, language in our cases, “to the effect that mandamus is inappropriate where interpretation and judgment are necessary, must be considered in context, not as an inflexible rule.” King, 2011-NMSC-004, ¶ 28 (quoting Sender, 1963-NMSC-220 , ¶ 13 (internal quotation marks omitted)). b.

King v. Lyons, 2011-NMSC-004, ¶ 23 , 149 N.M. 330 , 248 P.3d 878 10 (internal quotation marks and citation omitted).

King v. Lyons, 149 N.M. 330, 338 , 248 P.3d 878, 886 (2011) (reading prior case to hold that “declaratory judgment actions are not intended to substitute for remedies such as mandamus”); Mitchell v. Hammond, 252 Ala. 81 , 39 So. 2d 582 (1949) (concluding declaratory judgment could not be used as substitute for mandamus); Molnar v. Ohio Liquor Control Comm., 79 Ohio App. 3d 318, 320 , 607 N.E.2d 112, 114 (1992) (“[a]n action for declaratory judgment is not a substitute for an…

King v. Lyons, 2011-NMSC-004, ¶¶ 9, 47-50 , 149 N.M. 330 , 248 P.3d 878 (noting that “the Legislature . . . is well informed about the law and that its legislation is usually intended to change the law as it previously existed[,]” and explaining that the voters’ rejection of a constitutional amendment authorizing the Land Commissioner to exchange public lands reflects “the lack of legal authority to conduct unrestricted land exchanges” (internal quotation marks and citation …

King v. Lyons, 2011-NMSC-004 , ¶ 103, 149 N.M. 330 , 248 P.3d 878, 906 (citing Restatement (Third) of Trusts § 86, cmt. b (2007)); In re Cable Family Trust, 2010-NMSC-017 , ¶ 12, 148 N.M. 127 , 231 P.3d 108, 111 (citing the Uniform Trust Code, N.M.

Enabling Act § 6. 12 Congress contemplated that any change . . . to the use of the proceeds of 13 the lands granted to the state should be effectuated by amendment to the 14 Constitution, and . . . any change in the use and application of the 15 proceeds of these land grants may . . . be done by way of a constitutional 16 amendment. 17 Lyons, 2011-NMSC-004, ¶ 4 (first and third omissions in original) (internal quotation 18 marks and citation omitted). 19 {26} Grants of land …

Lyons, 2011-NMSC-004, ¶ 4 (first and third omissions in original) (internal quotation marks and citation omitted). {26} Grants of land were made to New Mexico specifically for, among other things, “university purposes, . . . schools and asylums for the deaf, dumb and the blind, . . . normal schools, . . . agricultural and mechanical colleges, . . . school of mines, [and] military institutes.” Enabling Act § 7.

Lyons, 2011-NMSC-004, ¶ 4 (first and third omissions in original) (internal quotation marks and citation omitted). {26} Grants of land were made to New Mexico specifically for, among other things, “university purposes,... schools and asylums for the deaf, dumb and the blind, . . . normal schools, . . . agricultural and mechanical colleges, . . . school of mines, [and] military institutes.” Enabling Act § 7.

Enabling Act § 6. 10 Congress contemplated that any change . . . to the use of the proceeds of 11 the lands granted to the state should be effectuated by amendment to the 12 Constitution, and . . . any change in the use and application of the 13 proceeds of these land grants may . . . be done by way of a constitutional 14 amendment. 15 Lyons, 2011-NMSC-004, ¶ 4 (first and third omissions in original) (internal quotation 16 marks and citation omitted).

King v. Lyons, 2011-NMSC-004, ¶ 21 , 149 N.M. 330 , 248 P.3d 878 24 (internal quotation marks and citations omitted). 4 1 {7} The Unions present a purely legal issue concerning whether the Director has 2 a nondiscretionary duty under the Act to set prevailing wage and prevailing benefit 3 rates in accordance with CBAs.