The Supreme Court has dismissed the appeal filed by Promociones Parque La Vega S.L against the ruling of the High Court of Justice of the Canary Islands (TSJC) that rejected this company's expropriation claim and the challenge to the General Plan. The Supreme Court thus fully confirms the first instance ruling, which becomes final with this new resolution. The ruling again rejects the arguments of Promociones Parque La Vega, which was claiming nearly one hundred million euros from public coffers. The company, which has been seeking millions from the City Council in various lawsuits for years, has been losing all appeals.
The origin of this latest procedure lies in land acquired by this company in 2006, which it divided into nine plots, which were described by the TSJC as "imaginary and unconnected" in a previous ruling. Promociones Parque La Vega S.L. filed lawsuits against the capital's City Council for each of these plots, claiming alleged building rights that it had lost with the General Plan approved in 2003.
The ruling, issued on May 25, sides with the Arrecife City Council and ratifies that the land in question does not meet the requirements to be classified as consolidated urban land and, therefore, its assignment to a sector of developable land for its acquisition and allocation to the General System is fully in accordance with the law.
Only one appeal remains to be resolved
The property owner was claiming an expropriation compensation of 98,555,201.29 euros for a plot of 45,000 square meters of surface area, located between the Rambla Medular and Garajonay Street next to the Parque Triana residential area.
In the first basis of this new ruling, the Supreme Court once again highlights the defects in the company's title to the property, summarizing the outcome of the appeals (nine in total) that were filed by the aforementioned commercial entity against the rulings of the TSJC, which dismissed its claims at the first instance, all of which were fully confirmed by the Supreme Court. It therefore sides with the City Council's arguments defended by lawyer Agustín Domingo Acosta Hernández.
Currently, only one appeal remains to be resolved, relating to the land of Plaza Simón Bolívar, which is pending the issuance of a ruling.
