The Superior Court has ruled in favor of Atkin Kroll Toyota after dismissing the lawsuit filed by the Anaks Ocean View Hill Homeowners Association Ltd. over Atkins Kroll\u2019s plan to open a Lexus dealership and auto repair shop in Puerto Rico.<\/p>\n
Last Tuesday, Superior Court Judge Pro Tem David Wiseman granted the request filed by the Commonwealth Zoning Board and Atkins Kroll to dismiss, with prejudice, the complaint filed by the homeowners association of Anaks Ocean View Hill over AK\u2019s plan to open a Lexus dealership and auto repair shop in Puerto Rico.<\/p>\n
Dismissal with prejudice means the complaint cannot be filed again.\u00a0<\/p>\n
The judge dismissed the petition after finding that ultimately, the petition filed by the homeowners association to have the court review the zoning board\u2019s decision to grant a conditional permit for AK\u2019s Lexus dealership and 27-bay repair and autobody shop in Puerto Rico, was filed untimely.\u00a0<\/p>\n
\u201cAs a matter of good policy for the sake of consistency and clarity, the 30-day clock to petition for judicial review begins running as of the date of the zoning board\u2019s public vote. Because the jurisdictional deficiency cannot be cured, the matter is dismissed with prejudice,\u201d the judge stated.<\/p>\n
The main argument made by zoning and Atkins Kroll to warrant a dismissal was that the complaint filed by the homeowners association was untimely and is jurisdictionally barred from judicial review.<\/p>\n
However, the homeowners association argued that their petition for the court to review the zoning board\u2019s decision was timely filed.<\/p>\n
Wiseman, in his order, noted that under the Administrative Procedure Act or APA, a person adversely affected or aggrieved by an agency action must seek judicial review within 30 days of that action.\u00a0<\/p>\n
However, the parties disagreed on the triggering event that started the 30-day clock in the context of the zoning board\u2019s decision.<\/p>\n
\u201cThe court is asked to determine whether the 30-day clock to appeal a decision of the zoning board begins running from the date of the zoning board\u2019s public vote, from the date of issuance of the zoning board order, if any, or from some other date,\u201d the judge said.<\/p>\n
The zoning board and AK contend that the clock began running as of the date of the board\u2019s public vote, March 18, 2022, which renders the petition filed 56 days later, untimely by 26 days.<\/p>\n
However, the homeowners association contends that the clock began running as of the issuance of the zoning order dated April 21, 2022, which renders the petition filed 22 days later well within the 30-day time limit.<\/p>\n
The court clarified that the zoning board and AK\u2019s representation of the law was correct and dismissed the case with prejudice.\u00a0\u00a0<\/p>\n
The homeowners association, represented by attorneys Kate B. Fuller and Colin Thompson, previously petitioned the court to review the zoning board\u2019s decision to grant a conditional permit use application for AK\u2019s Lexus dealership and 27-bay repair and autobody shop in Puerto Rico.<\/p>\n
The homeowners association served the zoning board members and Atkins Kroll with the petition on June 1, 2022.<\/p>\n
According to Saipan Tribune archives,\u00a0 Anaks\u2019 homeowner community wants the court to issue an order setting aside Zoning board Order 2022-1-03, and direct the board to revoke AK\u2019s\u00a0 Conditional Use Permit for its Lexus dealership and auto body repair shop.\u00a0<\/p>\n
The association claims that the zoning board\u2019s decision to approve the conditional use permit without rigorously evaluating the impact on the vicinity generally and on the residents of Anaks Ocean View specifically violate the right to a clean and healthful environment.<\/p>\n","protected":false},"excerpt":{"rendered":"
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