Junta De Planificacion De Puerto Rico v. Orama Negron, Moises
KLRA202500086
| Tribunal De Apelaciones De Pue... | May 28, 2025Background
- In August 2020, Nanette Ortiz filed an administrative complaint with the Junta de Planificación de Puerto Rico alleging that Moisés Orama Negrón and Prefabricados Orama, LLC were operating an industrial activity without the required use permit on their property in Arecibo.
- The Planning Board inspector confirmed industrial activity without the relevant OGPe permit and recommended sanctions.
- In December 2024, the Junta re-notified the respondents, expanding the complaint, including new violations and increased sanctions, and warning of possible fines and legal actions.
- On January 15, 2025, Orama and the LLC obtained the required permit and presented proof to the Junta.
- The Junta subsequently issued a Final Resolution in March 2025, archiving (dismissing) the complaint as the violations had been corrected (legalized).
- Orama and the LLC nevertheless filed a judicial review, raising procedural and substantive objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of complainant (Ortiz) | Ortiz lacked proper standing under the 2009 enabling law and relevant regulations. | Board allowed Ortiz to file as interested party. | Not decided; case dismissed on academic grounds. |
| Timeliness of investigation and notification | Board missed statutory deadlines for investigation and notification. | Board followed proper procedure upon notification. | Not decided; case dismissed as academic. |
| Retroactivity of new regulation (Reglamento 9473-2023) | Application to 2020 complaint was improper and unlawful. | Board applied regulations as appropriate at the time. | Not decided; case dismissed as academic. |
| Validity of fine imposed without proper notice | Board failed to issue required administrative ticket before imposing the fine. | Board imposed fine based on confirmed violations. | Not decided; case dismissed as academic. |
Key Cases Cited
- IG Builders et al. v. BBVAPR, 185 DPR 307 (clarifies justiciability and academic nature of legal controversies)
- PNP v. Carrasquillo, 166 DPR 70 (addresses academicity and live controversies)
- Peerless Oil v. Hnos. Torres Pérez, 186 DPR 239 (jurisdictional requirements for Puerto Rican courts)
- SLG Szendrey-Ramos v. F. Castillo, 169 DPR 873 (limitations on court jurisdiction)