The Supreme Court of Justice of the Nation (SCJN) has revoked the dismissal of a constitutional protection lawsuit filed by residents of Mahahual, determining that there was no full certainty the legal action had been filed outside the deadlines established by law. Acting on a proposal by Minister Lenia Batres, the court’s decision also prevents the anticipated rejection of the land-use changes promoted for tourism development.
With the ruling by the country’s highest court, the legal avenue remains open for a district court based in Quintana Roo to re-examine the admissibility of the lawsuit that stopped the early dismissal of the case.
Plenary Decision
The Plenary’s resolution stemmed from Complaint 25/2026, prepared under the report of Minister Lenia Batres Guadarrama, whose draft emphasized that doubts regarding procedural timing should not constitute a barrier to examining the substance of environmental issues.
Despite the ruling, the judicial decision does not prejudge or determine whether the urban modifications violated the rights of local residents. It is limited to overturning the initial rejection and ordering a new admission study.
Land-Use Changes Under Challenge
The constitutional litigation challenges modifications approved by the municipal council between November and December 2025. Those changes altered the regime of 107.67 hectares in the coastal town of Othón P. Blanco, changing the land from forestry use to tourism use and increasing permitted densities and heights.
The requests for these modifications were promoted by the companies Cielo Asoleado and Promociones Turísticas Mahahual, firms that have been directly linked to the development of Royal Caribbean’s “Perfect Day” project next to the Costa Maya pier.
The mega tourism project includes the construction of a water park equipped with pools, slides and restaurants, backed by an estimated investment of approximately one billion dollars in the southern region of the state.
Consultation and Environmental Concerns
Residents and various social organizations filed injunctions arguing that adequate public consultations were omitted, as well as possible severe damage to the ecological balance, mangroves, coral reefs and the human right to a healthy environment.
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