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165 million for a paralyzed work

The Junta de Andalucía will indemnify a promoter for the loss of a commercial center in Granada

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165 million for a paralyzed work

With 165 million, Junta de Andalucía can raise 43 new schools, 82 health centers or three hospitals. However, in its next budgets, regional executive will predictably designate this immense amount of money to pay compensation to promoter Tomás Olivo. The businessman Murcia, owner of a dozen commercial centers and with businesses in Caribbean, has won a lawsuit to Andalusian government after suing him for stoppage between 2007 and 2014 of works of commercial center Nevada shopping, located on outskirts of Granada.

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The supreme gave lace to regional executive last week by rejecting his last resort and confirm previous sentence of High Court of Justice of Andalusia (TSJA). Result: The millionaire compensation seems inevitable and board only has letter of Constitutional Court, but chances of judges accepting ir appeal for infringement of fundamental rights are almost nil.

The journey of this shopping centre of 60,000 square meters, today reference of purchases in all eastern Andalusia, began in 2005, when board suspended license of works granted by city of Armilla. Two years later penal route began: an investigating court investigated occupation of green areas in construction of mall.

The constitutional: Mission almost impossible

The crack of Constitutional Court seems to be an impossible mission for Andalusian Junta. "If constitutional supports about 5% of resources of citizens ' protection, public authorities do not go from 1% because y, in principle, are not holders of basic rights. In this case, we can say that board has a possibility between 100,000 because jurisprudence considers that admission or not of resources that can be presented against sentences of contentious-administrative is a matter of legality, something that They have to decide ordinary courts; So I do not believe that constitutional admits that Supreme Court has violated effective judicial guardianship, "says professor of constitutional law at University of Granada, Agustín Ruiz Robledo.

The lawyer who has defended employer is Joaquín García Bernal de Quirós, judge on leave that until 2011 presided room of contentious-administrative of TSJA, tribunal that now has clarified litigation. The lawyer has also declined to offer his version.

The investigating judge n qualified building of "concrete and cement Leviathan" and censored " almost continuous violation of rules". The penal route ended in 2011 with sentences to minor sentences to former mayor of Armilla José Antonio Morales, former councillor of Urbanism Gabriel Cañavate (both of PSOE) and promoter Tomás Olivo for an offence against ordination of territory. After criminal process, businessman validated his works license and city Council legalized building for its opening, which arrived in November 2016.

With penal process solved, Olivo filed a contentious-administrative appeal against Board for suspension of license of Works decreed in 2005, process that has won and that in 2019 will make him a little richer (his General quoted society of Galleries Trade has a market value of 2.547 billion. In or words, criminal conviction of employer does not affect his recent victory in contentious-administrative way. "It has been a mess whose last scene is that compensation that we will pay all Andalusians. It is bad news, "summarizes current mayor of Armilla, Gerardo Sánchez (PSOE).

The contentious-administrative lawsuit started badly for board. On June 6, 2016 The view was held in contentious court 3 of Granada, but lawyer of regional government did not attend. The trial was held, but arguments of board were not heard, only those of businessman. Judge Isabel Moreno decreed that compensation for frustrated olive gain for seven years should amount to 157 million. A year later, PP denounced prosecution for failure of president, Susana Díaz, Vice President Manuel Jiménez Barrios and head of legal services, Jesús Jiménez, but complaint was filed.

Enlarge photo Parking of Nevada shopping center. P. M.

In second instance, TSJA took as reference expert report of Promoter and raised compensation to 165 million, although it rested total by 17% when estimating one of arguments of board. "Why a court rewards and anor punishes [contentious and Penal]? The memory is vague and has no rigor, "criticize sources of autonomous executive on judicial court that has lasted 12 years and still remains months until constitutional is pronounced.

Nevada Shopping Bill to year 41 million, according to Olivo, who claims to have felt "mistreated" by board because of legal impediments of its business. "If board calls, we will sit ready to negotiate," he says.

In Armilla thanks to new hospital, Metro — with four stations in its municipality — and mall has created around a thousand jobs. "Yes, employment of service sector precarious and poorly paid," says mayor.


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