questionable justice need help

P

Porfirio

New member
Aug 30, 2005
50
0
0
My wife & I purchased our home in Las Praderas nine years ago. At the rear of our property was a vacant lot. We verified with Banco Vivienda with Ms. Hache (an official) who kindly opened the listing directory, verifiying that the vacant lot was zoned for 3 condominium buildings, limited to 3 levels in each building. Eight months ago we returned from a two week visit to Miami, and found our neighbors greatly upset that a meeting was called while we were away, by a builder & engineer accompanied by a lawyer to assault us with news that they had received permits in violation of existing law, to construct 4 buildings, with 4 levels (floors). I visited the Santo Domingo building Dept. and was told that they had authorized the violation of existing law offering no logical explanation and we had absolutely no recourse other than to smile and accept their erroneous decision. My previous experience in the US permitted someone so violated to bring the offending party to court for satisfaction. Apparently not so in the DR. Such justice simply put does not exist here as I sadly learned. My neighbors & friends living here in Santo Domingo advised me ?DON?T WASTE YOUR TIME & MONEY? as ?SOMEONE HAD THE CORRECT CONNECTION?. I am now seeking a lawyer to sue for damages specifically for the devaluation and damage to my property, all done in violation of an existing building code law, now changed to satisfy the violator. I pose two questions, 1.DO I HAVE ANY RIGHTS ? 2. IS THE ADVICE GIVEN ME NOT TO WASTE MY TIME & MONEY CORRECT? And now for my third and final question, 3. IS THERE A LAWYER OUT THERE WHO CAN DEFEND MY INTERST IN COURT, ON A CONTINGENCY BASIS WHO WANTS TO SEE JUSTICE DONE, AND AT LEAST BRING THIS MATTER BEFORE THE PUBLIC?
THIS NONESENSE OF VIOLATING INDIVIDUALS RIGHTS MUST STOP FOR THE SAKE OF RESIDENTS OF THIS BEAUTIFUL, BUT ABUSED COUNTRY. kindly advise.
 
C

Chris

Gold
Oct 21, 2002
7,951
28
0
www.caribbetech.com
Porfirio said:
3. IS THERE A LAWYER OUT THERE WHO CAN DEFEND MY INTERST IN COURT, ON A CONTINGENCY BASIS WHO WANTS TO SEE JUSTICE DONE, AND AT LEAST BRING THIS MATTER BEFORE THE PUBLIC?
Click to expand...

If you feel so strongly, why not just pay a good lawyer to look at the case for you and give you the best course of action that will cost the least amount of money. I would take a wild guess that you?ll not find a ?contingency basis?lawyer for this one.
 
R

rellosk

Silver
Mar 18, 2002
4,169
58
48
Chris said:
If you feel so strongly, why not just pay a good lawyer to look at the case for you and give you the best course of action that will cost the least amount of money. I would take a wild guess that you?ll not find a ?contingency basis?lawyer for this one.
Click to expand...
Makes sense to me. Email Fabio Guzman, the moderator of the legal forum, with your question at info@drlawyer.com
 
M

Mirador

On Permanent Vacation!
Apr 15, 2004
3,563
0
0
I understand you went to city hall to check on this, since building zoning is their jurisdiction. If the zoning change has been approved by the municipal assembly, drop your case. Otherwise, fight it.
 
P

Porfirio

New member
Aug 30, 2005
50
0
0
questionable justice

rellosk said:
Makes sense to me. Email Fabio Guzman, the moderator of the legal forum, with your question at info@drlawyer.com
Click to expand...
thanks for your response. Regarding contingency lawyers, we are now involved in a class action suit against Bancredito, Banco Leon and Banco Central. Over 100 plaintiffs such as myself are represented by biaggi & Mesina on a contingency basis. The courts have already rendered a ruling that the Defendents, Bancredito, (Pelleranos) Banco Leon, and Banco Central must pay us including interest due. We patiently await payment, and pray it will come. We have not approaced Baiggi & Mesina yet. But it is sad that such a defeatist atmosphere prevails here in the DR, that those with connections, or power can do whatever they want and violate our rights. Yet Baez Figueroa, Pepe Goico Sam Goodson are still free.And those involved in Plan Renove go unpunished. Paulino Corrino operated with impunity for many years until the US DEA stepped in. Paulino apparently had been bribing many people up to the highest levels resulting in many being extradited to New York to stand trial.
 
P

pkaide1

Bronze
Aug 10, 2005
539
40
48
Welcome to the land of the freed. Where true democracy rules and Capitalism is king. Dominican Republic. God bless DR
 
S

snowqueen

Member
Dec 15, 2004
232
8
18
Porfirio said:
My wife & I purchased our home in Las Praderas nine years ago. At the rear of our property was a vacant lot. We verified with Banco Vivienda with Ms. Hache (an official) who kindly opened the listing directory, verifiying that the vacant lot was zoned for 3 condominium buildings, limited to 3 levels in each building. Eight months ago we returned from a two week visit to Miami, and found our neighbors greatly upset that a meeting was called while we were away, by a builder & engineer accompanied by a lawyer to assault us with news that they had received permits in violation of existing law, to construct 4 buildings, with 4 levels (floors). I visited the Santo Domingo building Dept. and was told that they had authorized the violation of existing law offering no logical explanation and we had absolutely no recourse other than to smile and accept their erroneous decision. My previous experience in the US permitted someone so violated to bring the offending party to court for satisfaction. Apparently not so in the DR. Such justice simply put does not exist here as I sadly learned. My neighbors & friends living here in Santo Domingo advised me ?DON?T WASTE YOUR TIME & MONEY? as ?SOMEONE HAD THE CORRECT CONNECTION?. I am now seeking a lawyer to sue for damages specifically for the devaluation and damage to my property, all done in violation of an existing building code law, now changed to satisfy the violator. I pose two questions, 1.DO I HAVE ANY RIGHTS ? 2. IS THE ADVICE GIVEN ME NOT TO WASTE MY TIME & MONEY CORRECT? And now for my third and final question, 3. IS THERE A LAWYER OUT THERE WHO CAN DEFEND MY INTERST IN COURT, ON A CONTINGENCY BASIS WHO WANTS TO SEE JUSTICE DONE, AND AT LEAST BRING THIS MATTER BEFORE THE PUBLIC?
THIS NONESENSE OF VIOLATING INDIVIDUALS RIGHTS MUST STOP FOR THE SAKE OF RESIDENTS OF THIS BEAUTIFUL, BUT ABUSED COUNTRY. kindly advise.
Click to expand...

It may be that their zoning by-laws can amended as can happen here in North America. Yes, the by-law may regulate height & density on certain lands, but here, you can always apply for an amendment to the zoning by-law. They are often approved, even when the area residents don't support it, if justification can be provided that it is logical & sound (in whose opinion is a good question). One example is if there was another 4 storey building close to the same property. When such applications are approved, here in Ontario, area residents can appeal to the Ontario Municipal Board, a body that often sides with the developer.

If there was a meeting with the area residents, it sounds as though this may have been their 'public meeting'. If you can't find out more from the city officials, I suggest you contact a lawyer to get to the bottom of it. Good luck.
 
S

suarezn

Gold
Feb 3, 2002
5,823
290
0
55
I think unless you have some strong connections and deep pockets you're wasting your time and money as someone else already suggested. This is The DR...what I'm more surprised about is that there are any zoning laws at all that anyone is trying to follow. Usually you just build whatever height you feel like and wherever you feel like. The city will come around asking for their money for the "permit" which of course you pay under the table...What a country!!!
 
E

ElPuma

New member
Jun 28, 2005
57
0
0
if the other party has connections you can do nothing, if not may be you can check it with a good lawer,

you can do nothing, I mean: you can do something, but it does not worth the effort.

anyway welcome to DR!! :)
 
B

blastdiaz

New member
Aug 15, 2005
23
0
0
Porfirio said:
thanks for your response. Regarding contingency lawyers, we are now involved in a class action suit against Bancredito, Banco Leon and Banco Central. Over 100 plaintiffs such as myself are represented by biaggi & Mesina on a contingency basis. The courts have already rendered a ruling that the Defendents, Bancredito, (Pelleranos) Banco Leon, and Banco Central must pay us including interest due. We patiently await payment, and pray it will come. We have not approaced Baiggi & Mesina yet. But it is sad that such a defeatist atmosphere prevails here in the DR, that those with connections, or power can do whatever they want and violate our rights. Yet Baez Figueroa, Pepe Goico Sam Goodson are still free.And those involved in Plan Renove go unpunished. Paulino Corrino operated with impunity for many years until the US DEA stepped in. Paulino apparently had been bribing many people up to the highest levels resulting in many being extradited to New York to stand trial.
Click to expand...

This is exactly what I was talking about on my response to the people of Ascot advisory. The legal recourses in my dear DR only exist for those with the extreme hold on the power and the rest of the population just accepts.

This is one of the things I warned them about and not disclosing when they sell the dominican republic as a heaven and a paradize island. People need to understand that a corrupt system exists here and that it will take a lot of effort and time. It is sad that a lot of retirees are going to find out about this the HARD way.

Good luck
 
You must log in or register to reply here.
Top Bottom