ATKINS Kroll is objecting to the Anaks Ocean View Hill Saipan Homeowners Association Ltd.’s request to the Superior Court to stop the construction of AK’s car dealership and repair shop in Puerto Rico.
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.
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 Judge Pro Tem David Wiseman dismissed the petition, saying it was 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 local Supreme Court’s decision, Anaks renewed its request for the trial court to review the Zoning Board’s decision.
But according to Atkins Kroll, which is represented by attorney Rodney Jacob, the Superior Court lacks jurisdiction over the homeowners’ petition.
“This Court will not have jurisdiction over this matter until the Supreme Court of the Commonwealth of the Northern Mariana Islands issues its mandate, which has not occurred as of the time of this filing,” Jacob said.
He added 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 “re-vested with jurisdiction.”
In the meantime, Anaks cannot ask this court for any relief and the court cannot act on the matter, Jacob said.
The homeowners said they filed their case against the Zoning Board “to protect the residents’ health, safety, welfare, as well as right to quiet enjoyment of 175 people — in their own homes….”
