Supreme Court Rules on Extension of Statutory Injunction under the Puerto Rico Permit Process Reform Act

On October 25, 2024, the Supreme Court of Puerto Rico issued an opinion in Díaz Vázquez v. Colón Peña, 2024 T.S.P.R. 113, holding that the party against whom a lawsuit for statutory injunction is brought under Art. 14.1 of Act No. 161-2009, as amended, also known as the Puerto Rico Permit Process Reform Act, 23 L.P.R.A. § 9024 (“Act 161”), does not have to be the owner of the property where the actions of the judicial claim originate. In a nutshell, the case involved a dispute over several construction activities in a mechanical and painting workshop that were allegedly carried out by the defendant without the required permits. The workshop was adjacent to the plaintiff’s property, who claimed the construction increased the risk of flooding on the land, for which he requested a statutory injunction under Art. 14.1 of Act 161.

The Supreme Court concluded that a statutory injunction to halt a construction project under article 14.1 of Act 161 is not governed by the rigorous requirements and criteria that apply to a traditional injunction. That said, Art. 14.1 is clear and provides a special procedure for a person that could be adversely affected by the unauthorized use or construction in a property to file an injunction and request a halt of such acts. Furthermore, the statute does not require that the statutory injunction proceed only against the owner of the property where the unauthorized use or construction is taking place; the statutory injunction may be filed against the person who is in control, possession, and making use of the property and in turn is carrying out the behavior that is sought to be proscribed through judicial intervention.

Therefore, the Supreme Court determined that the request for a statutory injunction under Art. 14.1 of Act 161 is not an extraordinary procedure limited to halt construction activities only from the owner(s) of the subject property; it is undoubtedly extended to provide a remedy from any person or entity that has possession of the property and is building without the required permits.