Atkins Kroll opposes stay on its dealership project

Atkins Kroll has filed an opposition with the Superior Court against the stay being sought by the Anaks Ocean View Hill Saipan Homeowners Association on the Zoning permit issued for the construction of a new Lexus dealership in Puerto Rico.

According to Atkins Kroll’s objection, the Superior Court lacks jurisdiction to rule on Anaks’ motion for stay of agency action.

Rodney Jacob, who represent Atkins Kroll, argues that the Superior Court does not have jurisdiction over this matter until the Supreme Court issues its mandate, “which has not occurred as of the time of this filing.”

“After the Supreme Court resolves an appeal, there must be a mandate, which has not yet occurred here. A mandate is either formally issued by the Supreme Court or ‘consists of a certified copy of the judgment, [and] a copy of the court’s opinion, if any.’ Neither method for satisfying the mandate requirement has been met at this time. As for the formal mandate, the Supreme Court has not issued one. As for the mandate consisting of a certified copy of the judgment and opinion, the Supreme Court has not yet issued a judgment,” he said.

“Because there is no mandate, this court has no jurisdiction over the subject matter of this case. AK therefore objects to Anaks’ motion for stay, which this court does not have authority to hear,” he said.

Jacob also stated in the motion that in the coming days, AK intends to file a petition for rehearing, or in the alternative, a motion for reconsideration, before the CNMI Supreme Court, which will need to be resolved before the mandate issues, and the trial court is given authority to hear the motion for a stay.

“In the meantime, Anaks cannot ask this court for any relief and the court cannot act on the matter,” Jacob said.

According to court documents, back in January 2022, Atkins Kroll applied for a permit with the Zoning Board to build a dealership and vehicle repair facility next to the Anaks condominium complex in Puerto Rico. On March 18, 2022, the Zoning Board approved Atkins Kroll’s application and issued the permit on April 13, 2022.

Anaks then filed a petition to challenge the permit in the Superior Court, but the petition was dismissed for being untimely filed. On appeal, the CNMI Supreme Court held that Anaks’ petition was timely filed and set aside the dismissal. The high court also ruled that the Superior Court had jurisdiction to review a permit issued by the Zoning Board to Atkins Kroll.

Following the Supreme Court’s decision, Anaks renewed its request for the trial court to review the Zoning Board’s decision and asked for a stay on the Zoning permit issued.