The CNMI Supreme Court has denied Atkins Kroll\u2019s request for reconsideration of its previous order setting aside the Superior Court\u2019s decision to dismiss the Anaks Ocean View Hill Homeowners Association\u2019s 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 an order over the weekend denying Atkins Kroll\u2019s petition for rehearing and motion for reconsideration of the court’s March 7, 2023 order. In the order, the court found that the Superior Court had jurisdiction to hear Anaks\u2019 petition. <\/p>\n
The Supreme Court upheld the Superior Court\u2019s jurisdiction to review the permit issued by the Zoning Board. <\/p>\n
According to the court order, on Jan. 4, 2022, Atkins Kroll applied for a permit with the Zoning Board 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 application and issued the permit on April 13, 2022. <\/p>\n
Anaks then filed a petition to challenge the permit in the Superior Court, but the Superior Court dismissed the petition, saying it was untimely filed. <\/p>\n
On appeal, the CNMI Supreme Court held that Anaks\u2019 petition was timely filed and set aside the dismissal. The high court also ruled that the Superior Court had jurisdiction to review the permit issued by the Zoning Board to Atkins Kroll. <\/p>\n
Following the local Supreme Court\u2019s decision, Anaks renewed its request for the trial court to review the Zoning Board\u2019s decision. But, according to Atkins Kroll, the Superior Court lacks jurisdiction over the homeowners\u2019 petition.<\/p>\n
Atkins Kroll argued that the court erred by determining that the Zoning Board issued the conditional use permit to Atkins Kroll on April 13, 2022; overlooked or misapprehended Anaks\u2019 challenge to the Zoning Board\u2019s oral vote on March 18, 2022; did not consider the applicability of the Open Government Meetings and Records Act; infringed on the Legislature\u2019s power to set the appeal period; and should grant a rehearing to avoid manifest injustice. <\/p>\n
Despite this argument, the Supreme Court denied Atkins Kroll\u2019s motion. <\/p>\n","protected":false},"excerpt":{"rendered":"
The CNMI Supreme Court has denied Atkins Kroll\u2019s request for reconsideration of its previous order…<\/p>\n","protected":false},"author":24,"featured_media":391023,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[900],"tags":[],"class_list":["post-391020","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/391020","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/24"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=391020"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/391020\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media\/391023"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=391020"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=391020"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=391020"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}