BY MAIRE O’NEILL
maire@losalamosreporter.com

Prashant Jain, owner of Sirphey, LLC, filed an appeal notice Thursday in the First Judicial Court against Los Alamos County and Building Official Michael Arellano in connection with a ruling by the County Appeals Board. The Board found that a stop work issued by Arellano in November at the proposed future home of Unquarked at 813 Central Avenue was not arbitrary or capricious and did not violate the law. Jain subsequently appealed the Board’s ruling to the County Council which upheld it.

Thursday’s filing by Jain states that he has received no written decision of the Board of Appeals. Jain maintains that the County Council was supposed to receive a written decision under the Procedural and Scheduling Order for the appeal before Council heard it, but that without the decision to review Council ruled against him Sept. 8.

Although the District Court form requires that a written decision from the County be submitted for review and the Court clerk advised that the case may not be heard without it, Jain submitted a sworn affidavit stating that none has been received from the Appeals Board or the Council, noting that the appeal to the Court had to be filed with the 30-day window.