Tulum Adamar Building Demolition Appeal Under Review

TULUM, Quintana Roo — The developers of the Adamar building in Tulum are seeking to annul a demolition order for the property after an injunction was won by the civil association Defendiendo el Derecho a un Medio Ambiente Sano (Defending the Right to a Healthy Environment, or DMAS). The Eighth District Court has received a filing for a legal appeal, known as a recurso de queja, through which circuit court magistrates will determine if violations occurred during the injunction proceedings against these business owners.

“The third interested party has filed an appeal for review against the sentence issued in this matter; consequently, the written statement of grievances is to be distributed among the parties and the case is to be forwarded to the presiding Collegiate Court of the Twenty-Seventh Circuit,” reads the judicial order issued by the Eighth District Court within the case file 1235/2024 for an indirect injunction.

On August 15, DMAS scored a second victory against developers who are accused of initiating construction on a building without federal permits in a sea turtle nesting zone in Bahía Solimán, approximately 10 kilometers north of the town of Tulum. This is the second injunction the group has obtained, as they won a prior lawsuit weeks earlier against the construction of the Maiim building, located in the same area.

In both sentences, for Adamar and the latter case, federal agencies ordered the private parties to restore the sites to their baseline condition, meaning to leave them exactly as they were originally, prior to any environmental impact.

With the filing of this new legal appeal, it is now expected that one of the three Collegiate Circuit Courts located in Cancún will determine whether to admit the petition. This action is anticipated to further prolong the legal proceedings against Adamar and its developers, as there are other expanded legal actions pending against these developers.

To date, this real estate project does not possess a favorable environmental impact resolution issued by the Ministry of Environment and Natural Resources (Semarnat).