High court sets aside dismissal of Anaks’ petition against Atkins Kroll’s dealership

The Supreme Court has ruled in favor of Anaks Ocean View Hill Homeowners Association in its appeal to vacate the Superior Court’s 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.

The Supreme Court issued yesterday its ruling regarding the Anaks Homeowners Association’s appeal and found that the association’s petition was filed within the time required, therefore the Superior Court’s previous dismissal should be set aside.

The case now goes back to the Superior Court for its review of the Zoning Board’s decision.

“We vacate the Superior Court’s order dismissing Anaks’ petition for lack of jurisdiction and sua sponte remand for further proceedings consistent with this order,” said the court.

The Supreme Court’s 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.

“The issuance of the conditional use permit consummated the Zoning Board’s 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,” said the court.

Aside from its request to overturn the Superior Court’s 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.

However, because the dismissal has been vacated and the case has been remanded back to Superior Court for review, the motions are considered moot.

“We deny Anaks’ motion to stay agency action. We further deny Anaks’ and Atkins Kroll’s requests for judicial notice,” the court ordered.

Previously, the Supreme Court found that the Superior Court had jurisdiction to review the Zoning permit issued to Atkin’s Kroll for the construction of a facility in Puerto Rico, Saipan.

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.

On March 18, 2022, the Zoning Board approved Atkins Kroll’s permit and issued it on April 13, 2022.

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.