Translated version
THE CITY COUNCIL RETURNS TO GAIN THE JUDGMENT OF THE SHEPHERD, SINCE THE SUPREME COURT HAS ANNULLED TO THE PROCESS OF THE SENTENCE OF SANTA ANA DEL MONTE JUMILLA GOLF (14/06/2010) The City council presented/displayed a request of invalidity by “not to be located in this procedure and therefore to have failed to fulfill this deber" The Supreme Court has annulled to the process of the sentence of Santa Ana of Monte Jumilla Golf, whose procedure initiated Paschal Carrión Guardiola when seeing harmed its interests. This way, the City council of Jumilla returns to gain the judgment of the shepherd. Previously, the Court Superior of Justice of Murcia also gave the reason to the city council, but Paschal Carrión resorted before the Supreme one, obtaining a sentence to its favor, but the City council presented/displayed a request of invalidity as well by not to be located in the procedure. On this new sentence, the mayor of Jumilla Francisco Abellán has offered a press conference where he has informed into all the procedure that started in 2006. For Abellán the previous sentence of the Supreme Court “supposed a scandal, with an enormous repercussion and that made an important damage moral to Jumilla, by the deplorable image that was offered of the city and that to see who replaces that damage now”. Francisco Abellán has remembered who “throughout these years, since the plenary session approved the Plan Partial, with the favorable technical information and all the necessary guarantees, we have had to support infinity of critics on the part of the groups of the opposition, as well as tens of information in regional and national means on the sentence of the shepherd in whom he tried myself to let glimpse a possible illegality on the part of the City council and with many calumnies”. In the plenary session of December of 2006 the Partial Plan of that urbanization for the construction of 2,138 houses was approved, counting on the favorable information of all the departments, with the favorable information of the sectorial administrations, as well as a report of the Hydrographic Confederation of the Safe one crediting that 1.100.000 cubic meters of water for these houses existed, and so, for the mayor of Jumilla, “now the Supreme Court gives the reason us, and confirms that in all the procedure we have not had the opportunity to defend themselves like City council and to demonstrate that everything was done taking care of the legality and the norms that the PGMOU marks that is the guarantee and the document that it regulates all regarding city-planning activities in Jumilla, in addition we are the unique municipality in the Region of Murcia that has this adapted instrument to the Regional Law of Suelo”. This way, on the 1 of June of 2010, the Room of the Contentious Office staff, in its Section Fifth of the Supreme Court has decided: 1º to consider the incident of invalidity of activities formulated by the representation of the City council of Jumilla and 2º to annul the activities of the resource of annulment 5206/2008, from the formalization of the resource of annulment by the appellant including in the sentence of 21 of October of 2009. Francisco Abellán is addition that “Paschal Carrión must right to resort and the City council will defend, independent of the fact that the urbanization becomes or not”. Cancellation for want of location The City council of Jumilla solicitd, in December of 2009, the cancellation of the procedure of the sentence of Santa Ana of Monte Jumilla Golf by not to be located in the same. In this sense Francisco Abellán it indicated at the time “that the Room of the Contentious Office staff of the Court Superior of Justica of Murcia, Section 1ª, failed to fulfill to have of location, that is to say notification that is a term to defend themselves to the City council in the annulment resource before the Supreme Court, this way has harmed the right to the effective judicial trusteeship, being generated an evident defenselessness, and article 53 of the Spanish Constitution has been violated”. “I hope that all the means, including autonomic television 7 Region of Murcia, are also made echo of this news” The maximum local authority also hopes that “the same average premises, regional and national, such as the Four News, the Newspaper of Aragon, the PeriódicoGolf, the TVE, the Truth, Chain To be, Opinión or Interviú, among others, that became echo of this news, return it to do but to our favor”. Also it demands that Autonomic Television 7 Region of Murcia “that today is not present, but which yes spread the information it in the same way does, it with this new sentence that demonstrates that the City council did all legal one, is a television costs that us to all the Murcian more than 43 million Euros and that, being public, must offer cover to all the municipalities that we formed the region”. Finally, there is addition that “we will study to demand responsibilities to the administration of Justice by the error and/or evil operation of the same, by to have incurred a very serious vice in the procedure, that has brought about a damage to the image of the City council and an unwarranted loss of prestige, unnecessary and avoidable”.