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tribuna article march 24 2014This Article is a translation of the attached article published in the “Trubuna de la Bahia” on Monday, March 24, 2014:

Following the uneasiness experienced by the neighbors and business owners of Amapas upon judging that the development DTerrace exceeds the norms for height and density, the subject is now in the hands of PRODEUR that is due to issue a legal judgment by April 14 the latest.

According to the PRODEUR legal director Juan Carlos Hernandez Ocampo, he became cognizant of the neighbors’ concerns and for that reason he is currently reviewing the case, but he cannot give his opinion in advance while preparing the definitive judgment, until he has completed the said studies.

“We are reviewing (the case) and at the proper time we will release the results to the neighbors, in the review being included the information we asked from the city that has already arrived.  We are reviewing the issue in the totality of its elements so that we can produce our legal results and in case it violates the norms there will be a demand to annul whatever is bad, although also the construction could be OK” indicated the state official.

Upon questioning if the review will be according to Plan Parcial of the zone from the documentation having arrived in certified copies, (indicated) that the review will be according to the plans, licenses, and permits.

He did acknowledge that  PRODEUR works within deadlines for which the legal response is due by April 13, in other words in 3 weeks.  In case that the license was issued erroneously, PRODEUR would intervene through a lawsuit to annul the license, directed against the municipality, given that it was the authority incorrectly issuing the permit. ANA would be called (to participate) like the third adjunct and in the same sense the developer would be called like the third interested entity.

In this sense, he acknowledged that seeking annulment is through a lawsuit directed against the city of Puerto Vallarta although the developer will also have the right to defend themselves in the same suit as the third affected entity.

It fits mentioning that according to the analysis of the urban features of DTerrace performed by the architect Alfonso Bano Francia, member of the College of Architects of Puerto Vallarta, the development exceeds the (indicated) heights by at least 9 meters and by at least 19 living units the current Plan Parcial of the corresponding Urban District.