County Board Of Appeals Upholds Decision On Sirphey LLC

During its fourth day of deliberation, the Los Alamos County Board of Appeals this morning unanimously approved its previous decision regarding a stop order issued on Sirphey LLC at 813 Central Ave. in Mari Mac. Post screenshot

Staff Report:

After many hours spent in closed sessions during four days of deliberations, the Los Alamos County Board of Appeals announced this morning it is upholding its previous decision regarding a stop work order issued on Sirphey LLC at 813 Central Ave. in Mari Mac Shopping Center.

Sirphey owner Prashant Jain was renovating the property to be the future location for UnQuarked when he received a stop work order in 2019 from County Building Official Michael Arellano. Jain, who is represented by Attorney Philip Dabney, brought a complaint against Los Alamos County Council and Arellano after receiving the red tag.

The Board of Appeals, which consists of Los Alamos County Council Chair Randall Ryti, Chair Terry Priestley and Utilities Manager Philo Shelton, unanimously approved the following motion this morning, which Shelton read aloud:

“… the Board of Appeals approve the Boards of Appeals’ decision regarding the stop work order at 813 Central Ave. with the findings of act and conclusion of law and the order on the appellants’ motion to reopen board’s of appeal proceedings for taking new evidence and reconstitute the Board of Appeals and I further move that the Chair be authorized execute these orders on the behalf of the board.”

“This decision shall be recorded with the County Clerk, posted online and forwarded to the Los Alamos County Council (and) copies will be forwarded to the parties and this decision shall be final if neither party requests this council to review this decision within five days of receipt,” Priestley said. “On appeal council shall overturn this decision only if this supported by the evidence, arbitrary or capricious or not supported by the law. This Board of Appeals shall be dissolved at the time the board’s decision becomes final or council’s review is requested and council has made its decision.”

Priestley said anyone interested in the facts of the case is encouraged to read the board’s decision, which should be posted in final form online sometime today.

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