The municipality of Totana must return the amount of 1.6 million euros he received from a developer for a planning agreement which was signed in September 2006 and could not be executed.
So it provides a ruling by the Chamber for Contentious Superior Court of Justice (TSJ) in the Region, which upheld the appeal filed by the company Solumfertil, SA against the decision of Court No. One of Murcia, which rejected their demand.
In its application, the company, which replaced that once concluded the planning agreement, Mediterranean Golf Resort, said that the delay in processing the land-use planning had become unviable execution, so that it considered there were sufficient reasons for its decision and to recover the money delivered.
Contentious judge, however, understood that the City had done over the eleven years "all that was in his hand," without being able to demand what is not within its powers.
The Chamber, considering the appeal, said that, on the contrary, at the time it was lodged the appeal in application of the resolution of the agreement did exist sufficient grounds for it.
Besides, it reports the different periods of inactivity that suffered the processing of urban planning.
The court is convinced that "the undue delay has frustrated so that the company determined that subscribed the agreement", so to be given by solved ".
For its part, Winning Totana - IU denounced in a statement that "one after another fall from the General Plan agreements that never had to sign in the town of Totana And what is worse, millionaire debts pile up to now. he has to face the government team of the Left. the Popular Party squandered the money paid by the agreements, rather than reserve it for the developments in these cases or for return ".
"The penultimate sentence affects the agreement signed in 2006 by Juan Morales with Polaris at the height of the Raiguero Under Portichuelo. In this case the amount owed by the consistory totanero amounts to an amount of 1,601,948 euros, plus interest you can easily reach 2,000,000 euros. "
"This sentence, past and those to come, are a major obstacle in the already difficult economic situation of the municipality of Totana. Making a daunting task of stabilization of municipal accounts. All efforts this Team Government, with mayor Juan Jose Canovas to the head is done with savings measures and refinancing of bank debt are slowed by this circumstance, "apostillan.
