The Superior Court of Justice of the Canary Islands (TSJC) dismissed the appeal filed by the César Manrique Foundation (FCM) against the judgment issued on May 10, 2004 by the Contentious-Administrative Court number 2 of Las Palmas, which declared null and void the license granted by the Teguise City Council to the FCM for the construction of a workshop next to the Casa de las Cúpulas in the Taro de Tahíche.
The TSJC's decision is based on the lack of a legal report by municipal technicians, as well as another mandatory and binding report that should have been prepared by the Cabildo, which is why, according to the TSJC's ruling, "there is an absolute deviation from the procedure." In addition, the Court observed other discrepancies between the licenses and the authorization, since the authorization was obtained for "adaptation of housing as a workshop and exhibition space," while the license was granted for "execution of a workshop residence with workshop residence use."
The ruling obliges the César Manrique Foundation to bear the costs of the trial under article 139 of the LJ.
The FCM avoids responsibilities
After learning of the ruling, the César Manrique Foundation issued a public statement in which it avoids any type of responsibility in the matter, arguing that the institution's conduct has been correct at all times.
In this sense, they consider that the new TSJC ruling is in line with the previous one of the Contentious-Administrative Court Number 2 of Las Palmas, which declared the nullity of the license granted in its day by the Teguise City Council to the FCM to build a workshop next to the Casa de las Cúpulas due to a defect in the processing of the license, "exclusively attributable to the Teguise City Council."
Procedural error
For this reason, the FCM points out that it is a procedural error, the responsibility of the administration concerned and in no case of the Foundation itself, "which has acted under the legal cover provided by the authorization of the Government of the Canary Islands and by the license of the Teguise City Council."
As explicitly described in the ruling, the press release continues, "the César Manrique Foundation clearly requested the necessary authorizations for the construction of a workshop adjacent to the Casa de las Cúpulas, detailing both the actions to be taken and the objective of the same."
"The FCM has adhered at all times to the mandatory legal script and has fulfilled its formal obligations. It has done, therefore, what it had to do to obtain the license and build the workshop: it requested and obtained the relevant permits, first from the Government of the Canary Islands, which considered the work of public interest due to its cultural character, and then from the Teguise City Council. Only when the prior authorization and the subsequent license were granted, did it proceed to the execution of the works."
The FCM feels harmed
Therefore, the note concludes, the FCM feels harmed by the processing defects, beyond its responsibilities, that have occurred when granting the relevant license to act in the surroundings of the Casa de las Cúpulas and that have concluded in a contrary pronouncement regarding the municipal license by the courts.
In this sense, the FCM will maintain the lines of work and commitment to the Island, the territory and its citizens, which have been developing up to now, regardless of the interests that may exist to twist its will and cast shadows on the prestige of the institution.
