López Salas v. Puerto Rico Planning Board

80 P.R. 625
CourtSupreme Court of Puerto Rico
DecidedJuly 30, 1958
DocketNo. 34
StatusPublished

This text of 80 P.R. 625 (López Salas v. Puerto Rico Planning Board) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
López Salas v. Puerto Rico Planning Board, 80 P.R. 625 (prsupreme 1958).

Opinion

Mr. Justice Saldaña

delivered the opinion of the Court.

Pursuant to § 26 of the Planning Act (23 L.P.R.A. § 28), petitioner attacks a decision of the Planning Board denying permit to construct and operate a tourist hotel in a plot of land located in an R-l district. We believe that (1) the administrative proceeding before the Board did not meet the requirements of the due process of law; and (2) the decision appealed from must be set aside and the case remanded for a new hearing pursuant to the provisions of the Planning Act (23 L.P.R.A. § § 1 et seq.) and the Zoning Regulation in force.

Andrés López Salas filed before the Planning Board a request of direct authorization for the construction and operation of a 20-room tourist hotel, 2 bathhouses and certain [628]*628tourist facilities, such as swimming pool, tennis courts and hqrseback riding. He attached some plans for the project to be developed on a plot of 15 cuerdas owned by him, located at kilometer 9, hectometer 8 of the road leading from Santurce to Carolina. The Planning Board held a public hearing for said request and the case was submitted. Subsequently the Chairman of the Board sent the following letter to the Office of Tourism: “Mr. Andrés López Salas has filed before this Board a request of Direct Authorization, to be authorized to construct a twenty (20) room tourist hotel on certain property owned by him which is located at kilometer 9, hectometer 8 of the road leading from Santurce to Carolina and wherein two accessory buildings stand which will be utilized as bathhouses for the people to undress and dress when using the sport facilities of the hotel, such as swmming pool, courts and horseback riding.

“Before deciding this case, the Board wishes to know the opinion of that Agency as to whether it recommends the project just as it has been presented to us and if it meets your minimum requirements for recommending projects of this nature.

“For such purposes we are sending separately copy of the plans submitted to us by the petitioner, which we wish to have returned once studied.” The Office of Tourism answered in the following terms: “We are answering your letter of March 28 as to the request filed before that Board by Andrés López Salas for an authorization to construct a 20-room tourist hotel on certain property owned by him located at km. 9, hect. 8, of the road leading from Santurce to Carolina and wherein two accessory buildings stand which are to be used as bathhouses in conjunction with this project. We wish to inform you that at yesterday’s meeting of the Executive Committee of Tourism, after having made a personal inspection of said property and the existing buildings and the use being given to them now, and all the surroundings of said [629]*629property, it was decided that the Office of Tourism does not recommend this project as a tourist hotel because the site is not proper for a hotel of this type since the environment is undesirable and is not recommended for tourists.

“We take the opportunity of returning enclosed the plans of the project you submitted to us.”

Several months later,.without the appellant having knowledge of the foregoing communications, the Planning Board decided the request of direct authorization by virtue of the following order:

“Denying Construction Permit

“The petitioner appealed directly to this Board requesting authorization to construct and operate a 20-room tourist hotel on a lot owned by him located at km. 9, hm. 8 of the road leading from Santurce to Carolina, ward of Sabana, within the municipality of Carolina.

“On March 4, 1952 the petitioner appeared at the corresponding public hearing, represented by engineer Héctor A. Deliz, who among other things alleged: that the lot has 15 cuerdas; that the project provides tourists facilities such as tennis courts and other sports, also lounges; and that the project presupposes an investment of around $112,000. The case was finally submitted.

“After having studied the case, this Board arrives at the following conclusions:

“1. That the premise is located in an R-l district.

“2. That the Office of Tourism does not recommend favorably this projected tourist hotel.

“3. That after making a personal inspection of the property, of the buildings erected therein, as well as the use being given to them, it has been determined that the premise is not auspi-tious for establishing a tourist hotel.

“4. That the surroundings of the premises do not meet the desirable and necessary conditions for establishing a tourist hotel therein.

“5. That the area for the proposed tourist hotel is being-used in such a way as to render the place undesirable for a project for tourist attraction.

[630]*630“6. That the authorization of a tourist hotel in an R-l district is within the sound discretion of this Board.

“In view of the foregoing, this Board hereby Denies the requested permit.”

A reconsideration having been sought within the term fixed by law, the Board denied it in a decision stating the following:

“The petitioner, represented by engineer Héctor A. Deliz, has requested the reconsideration of the above-entitled case, in which this Board rendered a decision on August 20, 1952, denying permit to construct a 20-room tourist hotel on a lot owned by him, located at km. 9, hm. 8 of the road leading from Santurce to Carolina, ward of Sabana, within the municipality of Carolina.

“As principal grounds of his motion for reconsideration, the petitioner alleges that the project meets all the requirements of the Office of Tourism, and that said hotel would improve the adjoining Isla Verde area, since its design, construction and operation, would protect the health, safety and welfare of the neighboring families, and would increase the value of the properties established in the surroundings.

“After studying the questions raised by the petitioner, this Board finds that they do not justify that our decision of August 20, 1952 be modified.

“In view of the foregoing, this Board hereby Denies the motion for reconsideration.”

In the writ of review before us it is alleged that the Planning Board committed error in considering the recommendation of the Office of Tourism without giving the petitioner an opportunity to refute it; in basing its conclusions on an inspection without giving the petitioner previous notice and without explaning what facts it observed in that inspection; in not stating the findings of fact supporting its conclusions; in acting arbitrarily and thereby abusing the discretion granted by law and regulations; and lastly, in deciding the case after the expiration of the term granted by law to the Board for entering its decision.

[631]*631Before considering the errors assigned, we believe it is necessary to decide the two preliminary questions: (1) Is paragraph 15 of Art. 18 of the Zoning Regulation valid, inasmuch as it required the express approval of the Board in each case for the construction of a tourist hotel in R-l districts? and (2) does the Board have authority to take cognizance of the petitioner’s request, that is, without having a previous decision from Permit Official?

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Cite This Page — Counsel Stack

Bluebook (online)
80 P.R. 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-salas-v-puerto-rico-planning-board-prsupreme-1958.