PRODEUR to Sue for Nullification of D’Terrace Licenses

This is a courtesy translation of this article appearing in the Puerto Vallarta Tribuna on May 5, 2014.  Click on the article to read the original content.


Puerto Vallarta, Jal.- After neighbors and business owners in Amapas disagreed with the development D’Terrace after considering the height and density coefficients in the Amapas zone, the Procuraduria de Desarrollo Urbano (Attorney Generals’ office for Urban Development) presented a nullity lawsuit against the construction permits granted for this development before the Administrative Tribunal in Jalisco.

According to legal director of PRODEUR, Juan Carlos Hernández Ocampo, after complaints of neighbors and the revision of documents delivered by the Puerto Vallarta municipality, it was considered that there were sufficient proof to present the nullity lawsuit of the permits granted for the mentioned development; however, after interposing said legal recourse, the case was catalogued as a reserved matter while the Administrative Tribunal decides on a solution. Without going into detail, the civil servant informed that PRODEUR considered that there were sufficient elements to present the lawsuit, but the case is now in the hands of the Administrative Tribunal who will determine if PRODEUR is in the right or Puerto Vallarta’s City Hall was right to grant the corresponding authorizations.

It bears mentioning that this development’s construction permit was granted by the current administration, and architects that participated in the planning of Urban District 9, which regulates this zone, say that this development exceeds height and density allowed in this zone; keeping in mind that the permitted height is four floors, and that 41 units are expected to be built in seven floors is the reason why neighbors and business owners complaint.

The civil servant specified that demanding the nullity is going against City Hall because the permit was granted by them, and the developers would be considered third affected parties that will have the right to defend their interests during the trial.

It bears mentioning that an analysis of the urban components of the development D’Terrace done by the architect Alonso Baño Francia, member of the Puerto Vallarta Architectural Collegiate, the development exceeds height by at least nine meters and by 19 habitable units, this according to the actualization of this urban district guidelines, from this derives the complaints made.