Judge orders temporary stop to felling of trees in Rincón

A court order temporarily prohibits the removal of any trees along a 3.4-kilometer bicycle path, which when completed will connect Rincón’s Domes Beach (above) to the western coastal town’s public beach. (Wikipedia/Gordon Tarpley)

By The Star Staff

In response to ongoing legal challenges, Aguadilla Superior Court Judge Johnny Reyes Villanueva has issued an order mandating a 10-day halt to tree-cutting operations for the Rincón Bike Route project.

The decision, issued late Tuesday, precedes an upcoming injunction hearing in which local residents plan to contest the validity of the project’s permit.

Initially set for Wednesday, the hearing had to be postponed due to issues with the serving of a summons to engineer Claudio Torres of Tamrio, the project’s contracted firm, which was awarded the contract by the Highways and Transportation Authority (ACT by its initials in Spanish). ACT representatives had sought to dismiss the appeal, claiming Torres was indisposed and that there was negligence in serving him. However, the court rejected both that argument and the plaintiffs’ request to move forward without the engineer.

As a result, Reyes Villanueva ordered a work stoppage and issued a new injunction, along with a summons for contempt of court against Torres. The court order prohibits the contractor and the government from removing any trees along the 3.4-kilometer bicycle path, which connects Rincón’s Domes Beach to its public beach. Failure to comply with the directive could lead to contempt of court charges.

Local residents who are the plaintiffs in the case argue that their properties have suffered specific damages due to the project. They contend that the Permit Management Office violated the law by failing to provide them with proper notice or opportunities to voice their concerns before issuing the project’s single incidental permit in May 2024. They assert that the permit was authorized “through categorical exclusion,” which allowed the office to bypass the requirements for notification and public hearings.

As legal proceedings continue, the court’s decision to temporarily halt tree cutting addresses some residents’ immediate concerns, while the upcoming injunction hearing will further explore the legality of the project’s permit.