The Contentious-Administrative Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has confirmed a resolution of the Cabildo de Lanzarote of August 2005 by which the Rubicón Palace Hotel (Playa Blanca, Yaiza) was denied authorization for its tourist opening and operation. This hotel, like twenty-six others on the Island, has its construction license annulled by a final judgment, although it remains open to the public.
The TSJC assures that the hotels that have their licenses annulled "lack any legal coverage" and points out that "it is decisive for the purposes of revoking the judgment, that this Chamber has annulled the building license for being contrary to the planning".
"In the case being judged," the judgment states, "what is raised is the refusal to grant an opening license to a hotel that lacks a building license," so "the retroaction of actions agreed in the appealed judgment is contrary to the principle of procedural economy, because any argument we take, expressed by the appellant entity, leads us directly to the same result, the nullity of the building license for being contrary to the planning, which prevents the granting of the opening license".
In August 2005, the then accidental president of the Cabildo, Manuel Fajardo (PSOE), denied the hotel's opening permit. The property appealed and the Contentious-Administrative Court number 4 of Las Palmas partially upheld the appeal, since the technical report that supported the Cabildo's decision had not been communicated to the hotel. The Court ordered the file to be returned.
Appeal
Both the company Teide 10, owner of the hotel, and the Cabildo, appealed the judgment, the first to obtain the opening by administrative silence and the second for the judgment to be annulled. The TSJC has now sided with the Cabildo.
The judgment, collected in the Documentation Center of the General Council of the Judiciary, is dated at the end of November 2009. Despite being favorable to the Cabildo, the island institution has not made it public, as was usual in recent years.
ACN Press
