Jacob Huck, Annette Blasini Batista, Michelle Isabel Díaz Beltrán, Daniel Shields, Anna Martín, Kathleen Engstrom y Gregory Engstrom v. Estado Libre Asociado de Puerto Rico, Autoridad de Carreteras y Transportación, Oficina de Gerencia y Permisos, Departamento de Recursos Naturales y Ambientales, Junta de Planificación, Municipio de Rincón, Alexandra Velázquez Delgado y Claudio Torres Serrano

Summary

The Puerto Rico Court of Appeals reviews the dismissal of an action seeking injunctive relief and revocation of permits related to a proposed scenic bicycle and pedestrian route in Rincón. The appellants alleged that the project was improperly authorized through a categorical exclusion and involved inaccurate information, inadequate environmental review, and procedural violations. The appellate court indicated that it would reverse the trial court's judgment.

Holdings

1. The trial court erred in dismissing the complaint because the evidence, viewed as a whole, was sufficient to raise substantial factual and legal controversies concerning whether the challenged final determination was issued in compliance with applicable permitting and environmental requirements.
2. The attorney-fee award had to be reversed because it was based on the reversed dismissal of the Article 14.1 action.

Questions Presented

1. Whether the trial court erred by dismissing the Article 14.1 Permits Law action under Rule 39.2(c) for insufficiency of the evidence.
2. Whether the evidence raised substantial factual and legal controversies concerning the validity of the permit and categorical environmental exclusion.
3. Whether the trial court's award of attorney fees should stand after reversal of the dismissal.

Disposition

reversed_and_remanded