Impolitic, irritable and inexperienced J.F. Reyes, who are labeled mayor of the meritorious and peaceful town of Yaiza. The alleged foolishness is caused by the paralysis of the walling of a plot, a work that, curiously, is legitimized by the license granted on November 17, 1999 by the same southern Mayor. The anarchy is located in the property of a young citizen, in Uga, they say, of the PIL. It is easy for the hubbub to shake Mr. J.F. Reyes with a damaging blow, in view of the learned comments of the PIL Spokesperson in the Consistory, Ms. Gladis Acuña, who supports it with documents, legal actions and extensive knowledge of the case for having initiated the procedure given her status as a practicing lawyer. Faced with the evidence of a final Judgment of the Contentious Court of Las Palmas, which heard the matter in "single" instance, a Judgment that the City Council has to comply with inexcusably, it is anomalous that the emotional mayor Mr. Reyes continues, apparently, to bother the young resident of his municipality, not allowing him to exercise his inalienable right to build the wall to fence his property once and for all, an anomalous situation that is inconsistent with effective judicial protection, which cannot be dilatory, since the fundamental right obliges the Judge to remove the obstacles or the lack of diligence of the Administration to abide by the judgment.
It is possible that Mr. Reyes is getting (perhaps because he is not well advised, as the lawyer Ms. Gladis Acuña adequately expressed) into a dark shirt of eleven rods, from which, if he does not back down in time, he may be touched by the animic "sling... of David". It is public and notorious that on May 19, 2005, the Contentious Court No. 1 of Las Palmas de GC issued a Judgment, final and unappealable, declaring null the unfair Resolution issued by the Mayor on June 25, 2002 by which he suspended the closing works of the young woman's plot and sealed it. The Judgment was notified and appealed, apparently, by the City Council, but the Magistrate-Judge who issued the Judgment decreed on June 2, 2005 ..."being final the judgment issued, proceed to the provisional filing of this appeal, discharging it from the registry book, with return of the administrative file to the corresponding Body [the Yaiza Consistory] to which a testimony of the resolution issued in this appeal will be attached so that it may be carried out in full and due effect..." (that is, comply with it, executing it to the letter ¡and that's it!). As the Honorable Magistrate-Judge judged, not only is there no appeal, but no incident is admissible against the Judgment (although the City Council's defender, as is customary... will scrutinize viable sinuosities of the LJCA, which there are, to delay... postpone... beat around the bush and gain... time).
Although the young owner tried, she could not continue the work of closing, since the Mayor, in an stubborn plan, on May 31, 2005, (after being notified of the Judgment on 26-05-2005) issued a new Decree to stop the closing and imposed another seal on her and, in addition, to add insult to injury, on June 1, 2005 he issued another Decree, ordering to initiate a file of Expiration of the License, actions, perhaps, null and void according to the provisions of Art. 103.4 of the Law of Contentious-Administrative Jurisdiction, being decreed after the Judgment, to, apparently, evade its compliance. What a more perverse... perversity!.
I suppose that the martyred young woman, with her soul in suspense, perhaps for not understanding viable "far-fetched" dilatory appeals, before the apparent abuses of power of the Mayor J.F. Reyes (not only for this, supposedly, failing to comply with the execution of the judgment to which he is obliged by Art. 103 of the Law JCA, but, because, to add insult to injury, when issuing the Decrees on 31-05-05 and 01-06-2005, he introduced more legal doubts to the pulverized young woman), ended her patient wait, and in a scenario of provoked defenselessness, being with her soul on a thread, she energetically accused the discourteous mayor before the Courts of Justice (I consider that in defense of her legitimate rights, supposedly, humiliated), denouncing him for the alleged crimes of prevarication, disobedience and coercion. Mr. Reyes was summoned by the Court of Arrecife, in which, according to the Press, he appeared on Monday, October 10, 2005. It is true that any Consistory has the legal power to initiate Expiration Files of licenses; however, this, apparently is not the case, because the modification of the planning carried out a posteriori, in which the Mayor of Yaiza based his Decree of June 25, 2002 to suspend the closing works to the young woman of Uga, does not credibly protect the alleged expiration of the license granted to the young neighbor of Uga.
It is incomprehensible that to date, with the laughable model of gross action deployed in probable discordant strategy with the legislative rights of the young woman of Uga, Mr. Reyes has never initiated [unless error or omission], any Expiration File of licenses, against the increased buildings that have unduly exceeded the square meters of construction authorized by him in Playa Blanca, which includes some other License authorized illegitimately as evidenced by the judgments that have recently been falling against the Consistory; and that, Mr. Southern Mayor, if there are real reasons that the law welcomes to initiate files of expiration of licenses and... cancel them conclusively!.
It cannot be ignored that the authorities in the exercise of their office, who do not carry out "in full and due effect" the Judgments issued by judicial bodies, childishly risk... being disqualified by the criminal route regulated by article 112 of the jurisdictional Law, in accordance with article 410 of the Penal Code.
Ramón Pérez Hernández
