The Puerto Rico Court of Appeals recently ruled on a significant case involving a construction dispute between two parties. The court denied requests for certiorari from both sides, allowing the case to proceed in the lower court. This decision affects the parties involved as they continue to navigate legal challenges surrounding construction permits and alleged unauthorized work.
The dispute centers on Carlos Omar Meléndez Aponte and Jennysel Maldonado Cintrón, who filed a lawsuit against Raidymar Quiñones Pagán and Carla Yari Ortiz Morales, along with engineer José A. Rivera Figueroa. The Meléndez-Maldonado couple claims that Quiñones and Ortiz constructed a project without the necessary permits. The case, identified as TA2026CE00776, highlights issues regarding construction regulations and the responsibilities of those involved in the permitting process.
The Meléndez-Maldonado couple initially filed their complaint on September 4, 2024, seeking to halt unauthorized construction and demand the demolition of the work. They later amended their complaint to include allegations that the defendants provided false information to the Office of Permits, which led to the issuance of a construction permit that they claim is invalid. The couple argues that the permit was granted fraudulently by Rivera, who was the director of the Office of Permits.
The case progressed through various legal steps, including the filing of multiple amended complaints. On October 20, 2025, Rivera filed a motion to dismiss the claims against him, arguing that the amended complaint lacked sufficient factual basis to support the allegations against him. The Meléndez-Maldonado couple countered that Rivera’s actions compromised the structural integrity of their property.
On March 23, 2026, the lower court ruled against Rivera's motion to dismiss, stating that the plaintiffs must prove their claims regarding the alleged fraud in the permit issuance process. The court emphasized that the burden of proof lies with the Meléndez-Maldonado couple to demonstrate the falsity of the information provided to the Office of Permits.
Following the lower court's decision, both Rivera and the Meléndez-Maldonado couple filed separate requests for certiorari, seeking to overturn the lower court's ruling. Rivera argued that the court erred by not dismissing the amended complaint, while the Meléndez-Maldonado couple contended that the court incorrectly upheld the validity of the construction permit.
In its ruling, the Court of Appeals, led by Judge Carlos G. Salgado Schwarz, stated, "We conclude that there are no reasons that justify our intervention with the determination of the lower court under either of the resources." The court found that the lower court did not commit any legal errors or abuse its discretion in allowing the case to proceed.
The court's decision means that the case will continue in the lower court, where the Meléndez-Maldonado couple will have the opportunity to present evidence regarding their claims. This ruling underscores the importance of proper permitting processes and the legal implications of unauthorized construction.
Looking ahead, the outcome of this case may have broader implications for construction practices and permitting in Puerto Rico. It highlights the ongoing challenges individuals face when dealing with construction disputes and the legal complexities involved in proving claims of fraud or misconduct.
As the case moves forward, both parties may consider their options for appeals or further legal strategies. The court filing did not specify whether either party intends to pursue additional legal action beyond this ruling.