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The municipality of Jumilla back to win the trial of the pastor (14/06/2010)

The City filed a petition for revocation as "not being set in this procedure and therefore failed in its duty to location under Article 90 of the Law of the Contentious Administrative Jurisdiction"

The Supreme Court has annulled the decision process of Santa Ana del Monte Jumilla Golf, whose procedures Pascual Carrión Guardiola began to see their interests harmed.

In this way, the City of Jumilla regains the opinion of the pastor.

Earlier, the High Court of Justice also ruled in favor of Murcia City Hall, but Pascual Carrión appealed to the Supreme Court, obtaining a ruling in their favor, but turn the City filed a petition for nullity because it was not located in the procedure.

On this new ruling, the mayor of Jumilla Francisco Abellán has offered a press conference where he reported the whole process that began in 2006.

To Abellán the previous ruling of the Supreme Court "was a scandal, with a huge impact and made an important moral damage to Jumilla, by the deplorable image that was offered to the city and see who replaces the damage now."

Francisco Abellán recalled that "throughout the years, since the plenary approved the Partial Plan, with favorable technical reports and all the necessary guarantees, we have endured endless criticism from opposition groups and information and dozens of regional and national media on the ruling in which the pastor was trying to suggest an possible illegality by the City and many calumnies. "

In the full December 2006 approved the Partial Plan for the construction of residential housing 2138, with favorable reports from all departments, with favorable reports of the government sector and a report of the Hydrographic Confederation Segura stating that there were 1.1 million meters cubic meters of water for these houses, which, for the Mayor of Jumilla, "now the Supreme Court gives us reason, and confirms that the procedure we have not had the opportunity to defend as City Hall and show that everything was done in response to the law and regulations that marks the PGMOU which is the guarantee and document that governs all matters relating to urban developments in Jumilla, we are also the only municipality in the Region of Murcia has this instrument adapted to the Regional Land Law. "

In this way, dated June 1, 2010, the Board of Administrative, Section Five of the Supreme Court has agreed to: 1 estimate the motion for dismissal of actions made by representing the City of Jumilla and 2nd void appeal proceedings 5206/2008, after the conclusion of the appeal by the appellant included in the statement of 21 October 2009.

Francisco Abellán added that "Pascual Carrión has the right to appeal and the city will go to defend themselves, regardless of whether the development is done or not."

Cancellation due to lack of formal

Jumilla City Council requested, in December 2009, the annulment of the decision procedure of Santa Ana del Monte Jumilla Golf at not being called on it.

In this sense Francisco Abellán said at the time "that the Board of Administrative High Court of Justice of Murcia, Section 1, breached the duty site, is reporting that there is a time to defend the City in the appeal appeal to the Supreme Court, so it has violated the right to effective judicial protection, generating an apparent helplessness, and has violated Article 24 of the Spanish Constitution. "

"I hope that all media, including regional television 7 Region of Murcia, also echo this news"

The maximum local authority also hopes that "the same local media, regional and national, such as Four News, El Periódico de Aragón, El PeriódicoGolf, TVE, La Verdad, Cadena Ser, opinion or Interviú, among others, echoed this news, do it again but in our favor. "

Television also requires that the Autonomous Region of Murcia 7 "which is not present today, but who released the information, do the same with this new decision that demonstrates that the City did everything legal, is a television that costs Murcia all more than 43 million euros and, being public, it must offer coverage to all the municipalities that make up the region. "

Finally, added that "accountability study the administration of Justice by the error and / or malfunction of the same, having committed a very serious defect in the procedure, which has caused damage to the image of the City Council and an unwarranted disrepute, unnecessary and avoidable. "

Source: Ayuntamiento de Jumilla

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