The Los Alamos County Board of Appeals, which includes Department of Public Utilities Manager Philo Shelton, top left, Planning and Zoning Commission Chair Terry Priestley, top right, and Council Vice Chair Randall Ryti, bottom right, heard the case today of Sirphey LLC v. Chief Building Official Michael Arellano. County Assistant Attorney Katie Thwaites is bottom left, and Sirphey owner Pershant Jain is bottom center. Screenshot/LADP 

Staff Report

The Los Alamos County Board of Appeals heard the case virtually today of Sirphey LLC v. Chief Building Official Michael Arellano.

The hearing began at 9 a.m. and adjourned at 5 p.m. and will continue at the earliest possible time Monday, June 29.

During today’s hearing, the board considered a number of motions regarding the case, which were presented by County Assistant Attorney Katie Thwaites and Sirphey LLC owner Pershant Jain.

Additionally, the board listened to opening statements and testimony from Jain. The case involves the legitimacy of the stop work order or ‘red tag’ placed Nov. 22, 2019 on Jain’s business, UnQuarked at 813 Central Ave.

Among the points argued were Jain stating that he did not do any work on the building that could violate the building code. The work Jain said he performed was installing an outside patio drain, planting a garden, changing light bulbs, painting, constructing a floating floor and assembling a piece of furniture that isn’t affixed to anything.

Thwaites argued that Jain couldn’t do any changes on the building because he is not the owner of the building.