The Sala IV constitutional court has rejected an appeal by an environmental group against the coastal zoning plan of the Municipalidad de Carrillo.
The organization, the Asociacion Confraternidad Guanacasteca, said that the plan was made specifically to favor the construction of the Hotel Riu.
The appeal addressed public participation in the formation of what is called a plan regulador. Three magistrates in the minority agreed with the appeal and said that the municipality should repeat the public hearings although they stopped short of saying the plan itself should be thrown out, according to a summary released by the Poder Judicial.
The hearing before the constitutional court was in late November. The decision was Wednesday, but the summary was released Thursday.
The five-star hotel opened in October 2009. It is on the Pacific on the north coast. Construction was not possible until the municipality approved a zoning plan and specified land where hotels could be located.
Confraternidad Guanacasteca said that some environmental concerns were not addressed in the preparation of the plan.
The Confraternidad has battled most development in the Guanacaste area.