by Mindy Aguon
Guam - A zone variance approved for Younex's Emerald Verace high-rise condominium project should not have been declared null and void. The Supreme Court today issued an opinion in Mary Ann Sablan's case against the Guam Land Use Commission.
The high court has already reversed the trial court's denial of Younex's motion to intervene in the lawsuit. In today's opinion, the high court found that the trial court erred in applying the conditional use application requirements. Sablan contends the conditional use should never have been approved because she and other residents living near the project were not provided personal written notice of the GLUC hearing on the application.
According to the opinion, the application under review by the trial court was a zone variance application - not a conditional use application therefore the requirements are different.