The Supreme Court has ruled in favor of Anaks Ocean View Hill Homeowners Association in its appeal to vacate the Superior Court\u2019s previous decision to dismiss its petition against the Zoning permit issued to Atkins Kroll for a Toyota\/Lexus dealership and vehicle repair facility in Puerto Rico.<\/p>\n
The Supreme Court issued yesterday its ruling regarding the Anaks Homeowners Association\u2019s appeal and found that the association\u2019s petition was filed within the time required, therefore the Superior Court\u2019s previous dismissal should be set aside. <\/p>\n
The case now goes back to the Superior Court for its review of the Zoning Board\u2019s decision. <\/p>\n
\u201cWe vacate the Superior Court\u2019s order dismissing Anaks\u2019 petition for lack of jurisdiction and sua sponte remand for further proceedings consistent with this order,\u201d said the court. <\/p>\n
The Supreme Court\u2019s 12-page order agrees with Anaks that the 30-day period to submit its petition commenced when the Zoning Board issued the conditional use permit to Atkins Kroll on April 13, 2022. <\/p>\n
\u201cThe issuance of the conditional use permit consummated the Zoning Board\u2019s decision-making process and determined the rights and obligations of the parties. Thus, for purposes of the Zoning Board, the issuance of a permit serves as a final agency action,\u201d said the court. <\/p>\n
Aside from its request to overturn the Superior Court\u2019s dismissal, Anaks also moved to stay the effective date of the conditional use permit issued to Atkins Kroll and asked that the high court take judicial notice of various documents that the Zoning Board considered before issuing the conditional use permit.<\/p>\n
However, because the dismissal has been vacated and the case has been remanded back to Superior Court for review, the motions are considered moot. <\/p>\n
\u201cWe deny Anaks\u2019 motion to stay agency action. We further deny Anaks\u2019 and Atkins Kroll\u2019s requests for judicial notice,\u201d the court ordered. <\/p>\n
Previously, the Supreme Court found that the Superior Court had jurisdiction to review the Zoning permit issued to Atkin\u2019s Kroll for the construction of a facility in Puerto Rico, Saipan.<\/p>\n
Atkins Kroll first applied for a permit with the Zoning Board last Jan. 4, 2022, to build its dealership and vehicle repair facility next to the Anaks Condominium complex in Puerto Rico. <\/p>\n
On March 18, 2022, the Zoning Board approved Atkins Kroll\u2019s permit and issued it on April 13, 2022.<\/p>\n
Anaks filed a petition to challenge the permit in the Superior Court but the Superior Court dismissed the petition because it found that it was untimely filed.<\/p>\n","protected":false},"excerpt":{"rendered":"
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