Representatives of Big Boy and the lessee of the property presented legal documents to support their positions.
Big Boy Marine is requesting the Zoning Office to establish a commercial garage to provide vehicle repair and custom painting services on Msgr. Guerrero Road in As Terlaje.
The lessee of the property opposes the application.
Jeaniffer H. Cubangbang, daughter of Zenaida and Bernardo Hiponia, who leased the property Big Boy Marines is occupying, claimed there was no sublease agreement entered into by her parents and the management of Big Boy Marine.
“They don’t have a sublease so they don’t have the right to do things on our property — they’re just renting from us,” she told the Zoning Board.
The Hiponias leased the property from the Lizamas.
Cubangbang said Big Boy Marine is paying its monthly rent.
John Reyes, who spoke on behalf of Big Boy Marine president Masanari Yasuda, showed the “power of attorney” document signed by Bernardo Hiponia authorizing Gilbert Quitugua to negotiate a lease agreement.
“The father gave a power of attorney, now they say it’s not legal,” Reyes said.
Cubangbang said their lawyer drafted a sublease agreement but Big Boy Marine has not signed it yet.
Aside from legal issues, she said she also opposes the application because the proposed operation will pose health risks as it involves chemicals.
“We will not allow strangers to freely walk in or drive in to our property for business use as that disregards the safety of our family, residents and our property,” she said.
Reyes showed a document of land survey that indicated a dedicated easement on the property where the Hiponias built their apartment.
“I don’t know why they built an apartment on that easement — the easement is for right-of-way for people to pass,” he said.
Cubangbang said had her parents knew there was an easement it should have been properly documented and cited when they were building the apartment.
“I believe the government has done a disservice to us,” she added.
When they applied for a building permit in 1992, she said her parents were not told about the easement.
Assistant Attorney General Kate Fuller, the Zoning Board’s legal counsel, said the board could not make a legal determination “on the spot” following the presentation on the legal issues.
The board agreed to postpone the public hearing to allow the legal counsel to review all legal documents and give the board a legal opinion.
“We are not a court — we don’t decide on the validity of the lease,” Fuller said.
Board Chairman Diego Blanco said they will only deal with the application to allow certain activities in the area.
He said the legal counsel’s opinion will guide the board when it decides on Yasuda’s application.
“The board cannot be involved in any legal issues,” he added.
