Papagayo Arena SL has announced that it will appeal the court order that orders the execution of the sentence that declared the hotel illegal more than ten years ago, because it was built occupying public land, which should have been a large road to access the sea. As La Voz advanced this Wednesday, the resolution of the Contentious-Administrative Court Number 5 of Las Palmas leads the hotel to demolition, concluding that that invasion of the road is unlegalizable.
"Said order is not final and will be appealed before the Superior Court of Justice of the Canary Islands," they have told La Voz from the company, which charges against the judge who issued that resolution. In this regard, it refers to her as "a substitute judge who has barely occupied the Court for a month and a half" and "who did not participate in the hearing held or in the evidence taken."
Thus, it maintains that "fundamental rights of the owner company have been violated, such as the right to effective judicial protection and to the ordinary judge predetermined by law."
In addition, it questions that "essential documents that appear in the case" have not been "valued", although it only cites "the report issued by the City Council on the legalization of the hotel", which is actually not conclusive. In fact, more than a decade later, the Yaiza City Council still has not delivered a new license to the Papagayo Arena (now called Sandos Papagayo Beach Resort). That would be the only way to "restore legality" -which is what the ruling issued in 2011 ordered- without having to reach demolition.
A "flagrant violation" of the Partial Plan
The magistrate focuses on analyzing what were the breaches that led to the annulment of the permits, and concludes that these breaches continue to this day and that current regulations do not allow them to be legalized.
For its part, in the letter it has sent to La Voz, the property also criticizes that the judge "did not value" that the current Subsidiary General Urban Planning Plan of Yaiza was annulled by the Superior Court of Justice of the Canary Islands "in everything related to costs". However, both in that last General Plan -which is actually more beneficial for the hotel in the face of other breaches- and in the previous regulations, the existence of that road that the hotel invaded is included.
Specifically, the magistrate refers to the Partial Plan, recalling that in the sentence it was considered proven that there was a "flagrant violation" of that document, and adding that the regulations have not changed in what respects to this point, which was specifically the one that was analyzed in this procedure.
There was also another lawsuit focused on the hotel's construction licenses, which were annulled in another sentence that is still pending execution. In this one, what was analyzed were another three decrees of the then mayor, José Francisco Reyes, one of them being the one that allowed grouping two plots building the hotel as if it were a single one, and eliminating the road that should exist between the two.
