One of the owners of the Islote del Francés hires a former Supreme Court magistrate to appeal the ruling

The current lawyer of the property, Rafael Fernández Valverde, was one of the magistrates of the TSJC that recognized the urban classification of the land and the "compensatory consequences" of this classification, in a 1993 ruling

June 4 2024 (19:55 WEST)
Updated in June 11 2024 (16:05 WEST)
French Islet (Photos: Juan Mateos)
French Islet (Photos: Juan Mateos)

The company Club de Golf El Cortijo SL, owner of 50% of El Islote del Francés, has appeared in the case that has confronted the Arrecife City Council and the owner of the land for years. The entity has filed an appeal in cassation against the judicial ruling that declared that the land, located where the old Rocar was, would be for public use without the need to be expropriated.

Its intention is to revoke the ruling of the Superior Court of Justice of the Canary Islands, which rejected the request of the company Inversiones Islote del Francés SL in which it asked the Arrecife City Council for more than 200 million euros for its expropriation.

Now it will be the Supreme Court who must rule on the matter. To this end, the company Club de Golf El Cortijo SL has hired the legal assistance of lawyer Rafael Fernández Valverde, a retired magistrate who worked for almost two decades in the Third Chamber, Fifth Section of the Supreme Court.

In addition, Fernández was also president of the Administrative Litigation Chamber of the TSJC, to which the letter by which the entity has now appeared in the case has been addressed.

On the other hand, the TSJC ruling of February 22, 2024, took place after a long judicial controversy in which the owners threatened the city council with the payment of this amount of money and in which they tried to overturn the General Plan of Arrecife in that area.

In this line, the company Inversiones Islote del Francés defended that the classification of the land in the General Plan of 2004 was illegal and that they had to expropriate it forcibly.

 

 

Magistrate in a 1993 ruling

In addition, Rafael Fernández Valverde was one of the magistrates of the Administrative Litigation Chamber of the TSJC in the ruling of October 19, 1993, in which part of the appeal filed by Rocar SA against the Urban Planning Plan of Arrecife was upheld. This is revealed by a judicial ruling to which La Voz has had access.

The Court then ruled that the Islote del Francés should have the classification of urban land and receive the "compensatory" consequences for this classification.

In this same ruling, signed by Magistrate Francisco José Gómez, the rest of the company's requests were rejected. Among them, the qualification of two plots as residential use and the annulment of the Arrecife Plan.

French Islet (Photos: Juan Mateos)
The TSJC declares that the Islote del Francés “is not consolidated urban land” and confirms its destination for public use without expropriation
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