The Supreme Court rejects the appeal filed by the City Council and declares the Judgment of the Superior Court of Justice of the Canary Islands of 2005 firm, thus ending the first of the almost 30 lawsuits that both administrations maintain

The Supreme Court confirms the ruling that obliges the Yaiza City Council to notify the Cabildo of building permits

The Supreme Court has definitively put an end to the first of the more than thirty judicial processes that the Cabildo of Lanzarote maintains with the Yaiza City Council since the beginning of the island's tourist moratorium ...

January 11 2007 (00:55 WET)
The Supreme Court confirms the ruling that obliges the Yaiza City Council to notify the Cabildo of building permits
The Supreme Court confirms the ruling that obliges the Yaiza City Council to notify the Cabildo of building permits

The Supreme Court has definitively put an end to the first of the more than thirty judicial processes that the Cabildo of Lanzarote maintains with the Yaiza City Council since the beginning of the island's tourist moratorium in 1998, in which the first island corporation has challenged numerous urban licenses granted by the mayor of Yaiza authorizing numerous tourist complexes that the Cabildo considers incompatible with the Island Territorial Planning Plan and its Revision.

The High Court's ruling refers to the appeal that the Island Council had to file in 2001 against the Yaiza City Council so that said municipal corporation would comply with its legal obligations and notify the first corporation of the tourist building permits and extensions that it had granted in the municipality in order to verify whether they conformed to the Lanzarote Island Planning Plan.

After a long judicial procedure in which various precautionary measures had to be adopted by the Superior Court of Justice of the Canary Islands to force the Yaiza City Council to comply with the legal obligation to notify the Cabildo of the licenses it had granted authorizing the construction of new tourist complexes in the municipality, the Contentious-Administrative Chamber of the highest Canarian Court ruled in favor of the Cabildo of Lanzarote in the judgment it issued in the first instance on January 25, 2005 in ordinary procedure No. 249/2001.

However, the ruling of the Canarian Court was appealed by the Yaiza City Council before the Supreme Court to try to avoid communicating to the Cabildo all the licenses granted by said corporation and to try to get the High Court to exonerate Yaiza from complying with that legal obligation.

But the Third Chamber of the Supreme Court, by Judgment of November 30, 2006, recently notified to the parties, has rejected the cassation appeal that the Yaiza City Council filed against the Judgment of the Superior Court of Justice of the Canary Islands of January 25, 2005, which in the first instance had already ruled in favor of the Island Council, obliging the aforementioned City Council to deliver to the first corporation all the licenses and extensions granted in that municipality from 1991 to today.

In this latest judicial resolution, the Contentious-Administrative Chamber of the Supreme Court not only rejects the appeal filed by the Yaiza City Council but also "declares firm the judgment of 25-1-2005 of the Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands issued in appeal 249/2001", thus definitively settling the obligation of the City Council to notify all licenses granted on tourist land to the Cabildo of Lanzarote.

The ruling of the Supreme Court resolution concludes by condemning the Yaiza City Council to pay the costs that its appeal has caused to the Island Council.

In this way, the first of the numerous lawsuits that the first corporation maintains with the Yaiza City Council for the building permits and extensions of old licenses that the mayor of Yaiza has granted to tourist developers in his municipality from 1998 onwards ends favorably for the Island Council.

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