Wednesday, April 17

Owners of Valdecañas: “There is still a long way to go”


“There is still a long way to go.” It is the reaction of the owners of Marina Isla Valdecañas to the order of the Superior Court of Justice of Extremadura (TSJEx) that grants the Board a period of eight months to present a plan for the total demolition of the residential and leisure complex that according to sentence the Supreme Court last month must be completely overthrown and not only partially as the TSJEx itself decreed two years ago. The resolution of the Contentious-Administrative Chamber that TODAY advanced this Thursday asks the regional government to detail the actions to be carried out to demolish the resort in its entirety, and even requires it to specify the date on which it will proceed to evict the houses, the four-star hotel and the rest of the inhabited facilities in the urbanization located in the towns of El Gordo and Berrocalejo in Cáceres.

The TSJEx gives the Board eight months to detail how it will demolish Isla Valdecañas

“Without prejudice to resorting to the car, the owners of Isla de Valdecañas keep all legal options open,” says Luis Díaz Ambrona, advisor and lawyer for the owners. »The car -continues- indicates the need for a plan to be articulated within eight months, and this should include, among other issues, a favorable Environmental Impact Statement and a hearing with the affected owners«. For this reason -adds the lawyer-, in addition to continuing with the annulment incident before the Supreme Court and, where appropriate, the amparo appeal before the Constitutional Court that could imply a suspension of the execution, we will carry out all the appropriate actions before the Superior Court of Justice of Extremadura itself to defend our rights.”

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Díaz Ambrona explains that the resolution issued this Wednesday by the Contentious-Administrative Chamber “is part of the normality and continuity of the execution procedure.” «The action of the Court -he expands- is part of its powers of execution in strict compliance with the Judgment issued by the Supreme Court».

The complexity of the assignment

As the lawyer exposes, what the Extremaduran TSJ does now with his car is to attend to the order that the Supreme Court transferred to him in his sentence last month. In it, in addition to correcting him by ordering the total demolition instead of the partial demolition, he ordered him to clarify how this demolition of the complex in its entirety should be carried out. And the TSJEx now establishes that the first step that must be taken is for the Board to draw up “a plan or program that contemplates all the measures that total demolition entails.” «The period of eight months -continues the order- is set in attention to the complexity, variety and numerous measures to be adopted in the execution phase, which include from the way of executing the demolition, the phases, the adjudication procedures, the eviction of homes, hotels and other facilities, waste management and the necessary budget provisions.

A part of this work has already been done, but not in the face of a total demolition, but rather a partial one whose administrative processing was quite advanced. In fact, it is possible that the regional government is worth a part of what has already been processed, and for this reason the TSJEx authorizes it “to maintain the previous plan in everything that is not incompatible with the ruling of the Supreme Court, and include the new phases of demolition”.

The Board asks to annul the total demolition of Isla Valdecañas due to the partiality of two judges, one of them from Extremadura

The Contentious-Administrative Chamber also orders to withdraw the compensation of 250,000 euros that the Board had to pay to the environmental associations that initiated this judicial process fifteen years ago (Ecologistas en Acción and Adenex). In addition, in its order it grants the Autonomous Executive ten days to “designate a specific administrative body, with a head of the same, which will coordinate the execution work between the different administrative departments and which will be the body in charge of the execution in its relationship with the Hall”.


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