The Supreme Court of the Northern Mariana Islands has ruled in an appeal and case brought before it by Anaks Ocean View Hill Saipan Homeowners Association Ltd. versus Atkins Kroll Saipan Inc.
In December 2021, Atkins Kroll Saipan Inc. applied for a conditional use permit to construct and operate a car dealership with more than 48,000 square feet dedicated to Toyota and Lexus showrooms, and a 27–bay vehicle repair facility in Puerto Rico.
AK Saipan facility. Photo from Journal files
The zoning administrator certified the application as complete and issued a memorandum assessing the proposal and recommending conditions for the Board’s consideration. Before the initial hearing, AK had submitted narrative materials, site plans, and supporting documentation describing the proposed development, according to court documents.
Residents of the Ocean View Hill community appeared and raised concerns regarding traffic, noise, and compatibility with the surrounding neighborhood. Anaks requested more time to evaluate the proposal and submit further information. The board continued the matter to allow Atkins Kroll to provide supplemental materials responsive to the concerns raised, according to documents.
In a March 13 decision, the Supreme Court concluded that the zoning board followed the procedures required by law, that notice of the public hearings was properly provided and that Anaks and other members of the community were allowed to present concerns about the project during the board’s proceedings.
The high court also determined that the zoning board acted within its authority in approving the permit. The Supreme Court concluded that the board considered the relevant zoning factors and reasonably explained its decision. Finding no reversible error, the CNMI Supreme Court affirmed the judgment of the Superior Court.
The opinion was issued by Chief Justice Alexandro C. Castro, joined by Justice Pro Tempore Robert J. Torres Jr., and Justice Pro Tempore F. Philip Carbullido. The full opinion can be found at https://cnmilaw.org/pdf/supreme/2026-MP-01.pdf
The AK facility opened on Jan. 24, 2025, according to Journal files. mbj
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