IMPOSES ON THE CORPORATION THE PAYMENT OF THE COSTS GENERATED

The TSJC rejects an "erratic" and "lacking rigor" appeal from the Cabildo in the Cueva lawsuit

The Corporation intended that a final judgment not be issued and that the extrajudicial agreement be directly validated.

April 5 2017 (23:03 WEST)
The TSJC rejects an "erratic" and "lacking rigor" appeal from the Cabildo in the Cueva lawsuit
The TSJC rejects an "erratic" and "lacking rigor" appeal from the Cabildo in the Cueva lawsuit

The Superior Court of Justice of the Canary Islands has rejected an appeal filed by the Cabildo of Lanzarote in the Cueva de Los Verdes lawsuit, describing its allegations as "erratic" and stating that the text "lacks rigor." With this appeal, the Corporation intended to annul the date scheduled to issue the final ruling in that procedure and to file the appeals filed by the Cabildo itself and by the EPEL of the Tourist Centers against the judgment of first instance.

That ruling condemned the Cabildo to return the Cave to the City Council of Haría and to pay a millionaire compensation. However, after the change of government in the northern Consistory, both institutions reached an extrajudicial agreement, which has not yet been endorsed by the courts.

On January 23, the TSJC issued a provision indicating the date for the vote and ruling, and that provision was the one appealed by the Cabildo, which appears as appellant together with the Tourist Centers. With its appeal, it requested that the appointment for the vote and ruling of the appeal be left without effect, and that the agreement reached between the parties be directly endorsed, but the Court has made it clear that there will be a sentence.

 

"Whatever its content, it is resolved by sentence"


"Whatever its content, the appeal is resolved by sentence," and "therefore it cannot be left without effect," responds the new resolution of the TSJC, dated March 10. In addition to pointing out that "the appeal lacks rigor and must be dismissed," the judicial order also questions the "erratic" steps of the Corporation in recent months.

Thus, it recalls that on November 8 "it asked the Court to terminate the process" and reiterated that request in another writing presented on December 28. "It is not understood how the lack of holding a hearing and written conclusions is now alleged, which is contradictory to its subsequent requests for termination of the process," the TSJC maintains.

In addition to rejecting the claims of the island institution, the order imposes on it the payment of the costs generated with this new appeal.

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