The Supreme Court has definitively freed the Arrecife City Council from paying more than 8 million euros to the company Curbelanz SL, which claimed that amount from the Council for the occupation of land destined for roads. The Superior Court of Justice of the Canary Islands had already ruled in favor of the City Council in the first instance, but the company appealed to the Supreme Court, which has not admitted that appeal and has now made the first instance ruling final.
In its order, the Court confirms - in line with what was defended by the Arrecife City Council - the refusal to allow the construction company to be expropriated and compensated in its fair price of more than eight million euros, on land located in "El Rompimiento", given that they were already urbanized and destined for roads.
At the time, the TSJC had already rejected the millionaire claim of the promoter, who had based his appeal on the fact that the General Plan of Arrecife approved in November 2003 had classified the land where these streets were opened as "consolidated urban" land, considering that in this type of land the land destined for public roads must be obtained by the City Council through expropriation.
However, the Chamber accepted the arguments presented by the municipal defense, led by the lawyer Agustín Domingo Acosta, who during the four years that the procedure has lasted had maintained that the land destined for these four streets should be considered land of mandatory transfer for the promoter in order to materialize the urban development (the houses) that the planning allowed to build on their land. The land in dispute is located in the streets Folías, Polca, Felo Monzón and another without a name and totaled 10,000 square meters.
In its ruling, the TSJC maintained that "the General Plan had traced, but not executed, such roads and when the plaintiff executed the urbanization knew and accepted its condition of mandatory transfer roads", adding that "therefore, far from having been without any use, the plaintiff obtained the use of its land -172 homes - through the urbanization voluntarily assumed by him".
