A recent ruling by the Court of Appeals of Puerto Rico has reversed a lower court's decision that halted the construction of a telecommunications tower in the Haciendas del Dorado community. This ruling affects both the developers involved in the project and the local residents who opposed it, emphasizing the ongoing tensions between development and community interests.

The case, Asociación De Residentes Haciendas Del Dorado, Inc. v. Elite Comm LLC et al., was filed under docket number TA2026AP00445 on May 28, 2026. The court's opinion, delivered on May 28, 2026, highlighted procedural issues that led to the reversal of the lower court's decision.

Background

The dispute began when the Asociación de Residentes Haciendas Del Dorado, Inc. filed a petition for an injunction against several parties, including Elite Comm LLC, Elite Towers LLC, and Solares y Terrenos del Terruño LLC, among others. The residents sought to stop the construction of a telecommunications tower, arguing that it posed a risk of irreparable harm to their health and safety.

The lower court initially ruled in favor of the residents on August 28, 2025, ordering the cessation of construction and revoking the permit issued by the Oficina de Gerencia de Permisos (OGPe). However, the developers appealed this decision, arguing that the lower court had made several errors in its ruling.

The Ruling

The Court of Appeals, consisting of Judges Bonilla Ortiz, Martínez Cordero, and Robles Adorno, found that the lower court had erred in its application of the law. The court stated, "the lower court exceeded its authority by halting construction without proper justification and failing to allow the developers to present their case adequately."

In its ruling, the appellate court emphasized that the lower court had not provided the necessary due process to the parties involved, particularly the OGPe and Inmobiliaria Río Lajas, Inc., who were not properly notified of the proceedings. The appellate court's decision effectively reinstates the construction permit and allows the telecommunications project to proceed.

Impact

This ruling has significant implications for both the developers and the residents of Haciendas del Dorado. For the developers, it clears the way for the construction of the telecommunications tower, which they argue is essential for improving local services and connectivity. On the other hand, the residents who opposed the project are concerned about the potential health risks and environmental impacts associated with the tower's construction.

The decision also sets a precedent regarding the importance of proper notification and due process in legal proceedings involving construction permits. It underscores the necessity for all parties to be adequately informed and involved in legal actions that may affect their interests.

What's Next

The residents may consider appealing this decision to a higher court, although details on any potential appeal were not available in the court filing. Meanwhile, the developers are expected to resume construction efforts promptly, following the court's ruling.