Readers may recall the tragic case of Helen and Len Prior, whose home was demolished by a bulldozer in 2008. Images of the demolition, the couple watching from the gate as their home was bulldozed, and the subsequent collapse of Mr Prior, made headline news in the British daily press, their case co-inciding with the collapse of the property bubble and the implosion of the Spanish housing market which followed.
Since that date, the Priors have become symbolic of the fight of thousands of ex-pats, who have been the victims of corruption and planning irregularities and have been fighting for compensation ever since. Auan is an organisation fighting on not only their behalf, but that of other expats in Almería who face the prospect of their homes being demolished and are trying to resolve the planning issues which hang over their homes, many of which have paperwork declaring them to be legal.
The Superior Court of Justice has finally ruled that Vera Town Hall is responsible for compensating Helen and Len Prior. But will they ever be paid?
Press release as sent by AUAN, 3rd December 2012
Helen and Len Prior's house in Vera was demolished in 2008, although it had all the correct building licences. Theirs is the only house to have been demolished for illegal construction on non-urban land in the Levante area, and it has sown the seeds of a judicial process which threatens to go on interminably in spite of the latest court rulings.
In 2009 the highest court in Spain, the Constitutional Court, ruled their demolition to be illegal and the case was sent for retrial even though the house was already demolished.
In 2010 the demolition order was re-instate. The court ruled that the Vera Council had issued the licence knowing full well that its intended use bore no relation to legal activity on non-urbanisable land. Vera Council tried to avoid responsibility, appealing this decision and blaming the Junta de Andalucía instead.
In November 2012, almost five years after the demolition, the Superior Court has finally decided, with no further appeals available, that Vera Council is responsible. Helen and Len Prior can now resume their compensation claim, which had previously been declared premature.
However, knowing who is liable to pay the compensation and actually getting it are very far apart.
Helen and Len have already incurred 150,000 Euros in legal fees. They lost their home and have suffered both physically and mentally for over four years. They continue to fight on.
If Vera Council say they have no money, how will Helen and Len ever be compensated?
Article in association with
www.murciatoday.com. The Region of Murcia in English.