As of June 1st, the regulation that regulated construction in the Ostional Refuge buffer zone is no longer in force, after the Contentious-Administrative Court accepted a precautionary measure requesting its suspension.
We want to emphasize that this ruling did not declare the regulations illegal, nor does it mean the end of the process. The Court only decided to suspend the regulations until it issues a final judgment.
As we had announced a couple of weeks ago, we were working on the translations of the Court’s criteria, so that the residents of the community could read it in English or Spanish.
The building regulations for the Ostional Refuge buffer zone were approved on February 20, 2020, by the Municipality of Nicoya.
After the Muni approved these regulations, on April 21, 2020, the company JBR Capital Ventures filed a lawsuit before the Administrative Contentious Court against the Municipality of Nicoya, alleging that the construction regulations presented a series of irregularities. As a precautionary measure, JBR was asking the Contentious Court to suspend the application of the regulations, until the merits of the process are resolved.
On March 22, 2020, the Court ruled the possibility of suspending the regulations. In this link you can read the resolution of the complete precautionary measure. Here is one excerpt:
“It has been considered that the corporate interest of the plaintiff company cannot undermine the public interest implied in the protection of the species of flora and fauna of the Ostional Refuge, in this particular one must attend to the precautionary principle in environmental matters or pro natura indubio, to prevent the possible degradation of a biological corridor of various species of fauna ”.
After that decision, JBR Capital Ventures decided to appeal the precautionary measure and it was on June 1st when the Court decided to suspend the regulations until the merits of the case were resolved.
This was not a final resolution, and the Court made an oral reading of the decision. That is why here we share with you the transcript of the reading made by the judges, both in English and Spanish.
The Court explained that the regulation could economically affect investors or owners in the area, despite the fact that no evidence was presented in this regard.
At the Nosara Civic Association we continue to legally support the Municipality of Nicoya and we will present new evidence that shows how construction activities in the buffer zone could directly impact the Ostional Refuge.