FORMER Superior Court Judge David Wiseman has been designated as judge pro tem in the petition of a residential association to review the decision of the zoning board in approving the plans to build a car dealership and auto repair shop in Puerto Rico.
After serving 15 years on the bench, Wiseman retired as judge in 2016.
Following the filing of the lawsuit on May 13, 2022, the five judges of the CNMI Superior Court have recused themselves from handling the case.
Associate Judge Wesley Bogdan said he is “a resident and owner of the property involved in this litigation.”
Associate Judge Joseph N. Camacho said conflict exists with him handling the case.
Presiding Judge Roberto C. Naraja, Associate Judges Kenneth L. Govendo and Teresa Kim-Tenorio said their impartiality might be questioned, which is why they disqualified themselves from hearing the lawsuit.
The Anaks Ocean View Hill Saipan Homeowners’ Association Ltd., represented by attorneys Kate B. Fuller and Colin Thompson, have petitioned the local court to review the decision of the Commonwealth Zoning Board in granting a conditional permit use application for Atkins Kroll’s Lexus dealership and 27-bay repair and autobody shop in Puerto Rico.
The homeowner community also wants the court to issue an order setting aside Zoning Board Order # 2022-1-03, and direct the Board to revoke Conditional Use Permit 2020-10382.
The group likewise petitioned the court to issue a preliminary injunction prohibiting construction on Lot EA 496-R1 under Conditional Use Permit 2020-10382 until a full review has been concluded.
The Commonwealth Zoning Board members — Perry Inos Jr., Francisco C. Aguon, Cecilia Taitano, Kevin C. Guerrero, Edna Nisola, and Shayne Villanueva, in their official capacities — were named as respondents in the petition. They are represented by Assistant Attorney General Keisha Blaise.
Petitioners served respondents and Atkins Kroll with the petition on June 1, 2022.
Pursuant to the Commonwealth Rules of Civil Procedure 24, Atkins Kroll in turn has notified the parties of its intention to intervene and appear in the proceeding.
The residential association and zoning board then stipulated and agreed that Atkins Kroll may intervene in the proceeding.
Atkins Kroll is represented by attorneys Sean Frink and Rodney J. Jacob.
David Wiseman
