Any petition for judicial review of the decision of the administrative agency concerned shall be filed with the Supreme Court, within the jurisdictional term of thirty (30) days from the date on which the Regulations and Permits Administration gives notice, through publication in two (2) newspapers of general circulation in Puerto Rico, of the issue of the authorization to commence work or regarding the construction permit or the final water franchise, from the time the decision is served and a copy thereof is filed in the record of the case. The petitioner shall serve notice of the filing of the petition for review to the appealed agency and to all interested parties within the established term; Providing, That compliance with said notice shall be jurisdictional in nature.
The issue of a writ of review shall not paralyze the authorization to commence work or the implementation of a rule, regulation, order, resolution, determination, processing, granting or effectiveness of any permit, endorsement or certification of an agency or official; or the award of a bid or granting of a contract issued or that arises in connection with the North Coast Superaqueduct Project, unless expressly ordered by the court to avoid irreparable damage.
In order for the court to issue said order, the petitioner shall prove that the same is indispensable to protect the jurisdiction of the court; that it is most likely to prevail on its merits; that the cease order shall not cause substantial damage to the other parties; that it shall not harm the public interest; that there is no reasonable alternative to prevent the alleged damages; and that the damage cannot be compensated through the granting of a monetary remedy or any other adequate remedy in law, all in accordance with the provisions of the Code of Civil Procedure of 1933, as amended.
Any court order shall only affect the component or components of the project which are in dispute in the case and where substantial damage is involved.
No type of legal action, procedure or recourse shall proceed in any court other than those provided in this Section, with the exception of those that compose a claim for damages pursuant to §§ 3077 to 3092a of Title 32, known as the “Lawsuits Against the State Act”, or eminent domain procedures.
History —June 12, 1997, No. 19, § 7.