The Administrative Litigation Chamber of the Superior Court of Justice of Murcia has recently considered the appeal filed by the City of Totana against judgment number 174/2018, of July 3, of the Court of Administrative Litigation number 4 of Murcia, that forced the Consistory, after more than eight years of judicial battle, to reintegrate the commercial "Inmonuar, SL" the 2,485,846 euros -more interests- by the well-known urban agreement of El Raiguero, annulled as a result of the operation against corruption "Totem" urban development.
In July 2018, the judicial body initially gave the reason to the Galician businessman and promoter Manuel Núñez Arias, one of those convicted in the "Totem case", the almost 2.5 million euros that he delivered to the Consistory for the aforementioned urban agreement c-82, better known as El Raiguero.
This affected the place of Hinojar, in the Totanera district of El Raiguero, and dates back to October 2006, when former mayor Juan Morales signed it with the Galician promoter "Inmonuar, SL", a sole proprietorship behind which the promoter is Núñez Arias.
In the area we wanted to build an urbanization of more than 5,000 homes, which was ruined by the economic crisis and the "Operation Totem", in which both the then mayor Juan Morales and Núñez were convicted.
Even so, the Galician promoter claimed in 2010 the return of the advance by the agreement, whose request the Legal Council of the Region of Murcia itself considered, in an opinion, that it was not justified.
This consultative body then reminded, in that resolution, the Galician promoter that "he was aware of the commission of a criminally reprehensible activity, which he assumed for the sake of satisfactory returns."
The sentence that the Superior Court of Justice issued in this day for this case amounted to 60 million euros for the concrete construction of 5,040 homes in said rural area of ​​the municipality of Totana.
This ruling slows, for the time being, the estimation of the Contentious-Administrative Court of Murcia that recalled, however, in its resolution that said agreement, which was initially approved, never came into effect.
In said ruling, the Court understood that "given that the ruling that the Supreme Court issued in criminal proceedings did not provide for the destination of the amounts delivered by the agreement, the restitution of the money to be applied was applied according to the Civil Code. delivered to the promoter ".
The Provincial Court of Murcia already confirmed in its day the file of the proceedings opened against the municipal officials of the City of Totana following the complaint filed by the builder for the non-return of that money, which understood that the facts were not constitutive of a crime of misappropriation or of prevarication, which confirmed the dismissal of the proceedings.
After the decision of the Administrative Litigation Chamber of the Superior Court of Justice of Murcia, considering the appeal filed by the totanero Consistory, there is now only an appeal to the Administrative Litigation Chamber of the Supreme Court.
