BY MAIRE O’NEILL
maire@losalamosreporter.com

After more than three years, the written decision from First Judicial District Judge Jason C. Lidyard on an appeal by Sirphey, LLC of the Los Alamos County Council and the County’s Board of Appeals decision to uphold a stop work order issued by former Chief Building Official Michael Arellano on a premises being leased by Sirphey has been signed and filed.

Judge Lidyard had announced his oral decision on October 24 and November 1, 2023 and asked Sirphey’s attorney Philip J. Dabney to prepare the written order reversing the County Council and Board of Appeals decision. The court also declared the stop work order invalid and void, and violative of Sirphey’s statutory and constitutional due process rights.

During a hearing March 11 the County’s retained attorney Randy Bartell objected to the form of the decision proposed by Dabney on behalf of Sirphey. Bartell was concerned that of the 146 paragraphs of proposed finding and conclusions in the document, all but 13 are without citations to the date and time of the court’s announcement pertaining to the specific finding or conclusion. He also requested that Sirphey delete a partial history of the proceedings that was not announced by the court with the oral decision.

Judge Lidyard offered Bartell two weeks in which to submit a redlined version with the changes he wished to have made on the proposed decision but Bartell declined. Judge Lidyard indicated that he wished to read the full proposed decision and that if there were no issues he would sign it and file it.