Paitilla residents zoning complaint overruled
RESIDENTS of Paitilla lost their battle over construction of two 37 floor towers on Via Italia via Italia when two out of three judges of the Third Chamber of the Court said construction can continue.
The two in favor were, Alejandro Moncada Luna and Efren Tello (for Luis Ramon Fabrega).
Both judges rejected a request for a temporary suspension of the workin one of Panama;s upscale districts, presented by attorney Eric Prado, in an administrative court action for annulment against Resolution No. 343-203 of November 5, 2013 of the Ministry of Housing and Land Planning , authorizing a zoning change to allow construction of the towers.
The decision was not shared by Judge Victor Benavides , who issued a dissenting opinion, in which he considers that the public consultation is required to produce a zoning change.
According to Benavides in this case the temporary suspension of the work would be appropriate , and that the record can be inferred that there is a presumption of vulnerable law of transparency by the lack of public participation, which must take place before the issuance of resolution that changes the zoning.