After a lengthy legal battle, can Santa Teresa become a city?

Following two failed lawsuits in the Third Judicial District Court, a New Mexico judge ruled on Wednesday in favor of Santa Teresa’s appeal to become an incorporated municipality.

“We believe that we have the right to be our own city,” said Mary Gonzalez, president of the provisional government of Santa Teresa. “We have the right to have our own voice and be noticed.”

But the battle is not over: Santa Teresa must now have a new hearing with county commissioners, according to Doña Ana County Manager Fernando Macias.

“There is no final resolution at this time,” Macias said.

“They have to conclusively prove that the city of Sunland Park cannot provide services faster than what they can,” said Javier Perea, the mayor of Sunland Park.

The push to have 5,000 residents start a city began in 2014 after a Sunland Park city councilor created a resolution to annex Santa Teresa. Two hundred residents of Santa Teresa showed up to protest, Gonzalez said.

“All of these municipalities, the county, we felt that they have always not been with us,” Gonzalez said.

“For some individuals, to be part of Sunland Park is just a complete no-no,” Perea said. “For the most part, it’s a social class issue between the two communities here.”

According to census data, the median household income in Santa Teresa is more than $40,000. In Sunland Park, it’s less than $29,000.

Perea told ABC-7 he expects city council to appeal the lawsuit once more next month, which would bring the case to the New Mexico Supreme Court. He said Sunland Park has all the services that Santa Teresa could need.

“We have services here, 24 hours a day, seven days a week,” Perea said. “We have paid employees. We have staff available every single day.”

There are close to 5,000 people that live in the unincorporated community of Santa Teresa and 16,000 that live in Sunland Park. So, why create two cities within such a small geographical area?

“The state legislature wants to avoid creating splintered communities divided by socioeconomic status or things of that nature,” Perea said.