The Supreme Court has now overturned expropriation worth 2'8 million that the Javea Town Hall he was forced to assume years ago in compliance with an order of the Superior Court of Justice.
With this ruling, the consistory see addressed their demands, because from the first moment I did not want to acquire this land. This allows you to recover the million dollar compensation to which he had to face, being able to allocate this amount to more services and necessary infrastructure.
Mayor, José Chulvi, He expressed his satisfaction with this court victory that puts an end to a conflict that began ten years ago. He congratulated responsible for the legal defense of municipal interests.
Chulvi considers that this sentence reinforces the line of work of the corporation and the urban planning policy that is being carried out. "It is an important support for the council when taking action to protect soil against those who try to scare and hide behind any obstacle to planning means millions in compensation"says Chulvi.
The lawsuit began in the year 2006 the initiative of the owners of 95.216 square meters Les Capsades which they were declassified by the land-use planning of 1990 and cataloged as general system (parks and gardens).
This family demanded the Consistory to expropriate all the area that had been cataloged as green appealing to the Valencian Urban Law. The City Council refused to compulsorily buy the land claiming that the expropriation is a subject of exclusive state competence. In addition, the Land Law only obliges the Administration to buy the declassified land if it was urban or developable with a program presented, which does not fit this case.
The conflict moved to the courts and in the first instance, both the Provincial Jury of Expropriation as the High Court considered that the Consistory should expropriate this bag of soil. Municipal reports valued the land at 2.856.480 10.599.695 euros compared to euro stakeholders requested.
Finally the High Court of Justice, as a precautionary measure requested by the owners decided that the City will pay them 2.856.480 euros, raising a record of payment and subject to the outcome of the process, which remained alive in the courts occupation.
The last chapter was an appeal to the Supreme Court, whereby individuals continued to claim a just compensation of more than 10 million euros, while the consistory insisted on the nullity of the expropriation and on the prevalence of state legislation. Therefore he requested the revocation of the ruling of the Superior Court of Justice of the Valencian Community. The request was answered by the court, which gave the reason for the argument defended by the City Council.
Could not you put a picture of the terrain in question?