This is a copy from the Spanish Press of the ruling by the court re Calle Nervion. The point that hits me is the reference to the fact that the ruling took into account the 'good faith' principlke which is a great help for all such cases.
The Court reverses conviction for trespass Candide Trabalon
The sentence, with a dissent, cancels demolition weighing about 12 homes owned by British citizens
Europa Press [05/06/2014 - 18:32]
[The Voice]
The Audiencia Provincial de Almería has revoked the sentence of 21 months in prison and nine years of prevarication disqualification imposed by the former mayor and current councilman Zurgena Works, Cándido Trabalon (PA), believing that in the license approval for 12 houses in the hamlet 'The Carasoles' "brokered" report both the architect and the city clerk in which "is not said nothing about the illegality of the works." Judgment, with a dissent, notes that, regardless of "legal treatises" on whether or not the soil is developable, "lack the specific intent" both Trabalon and other councilors of the corporation to issue an "arbitrary decision knowing clearly and glaring form illegality "and stresses that" has not been proved in this case collusion or agreement between them in a preconceived plan to convert agricultural land into developable. " "Do not forget that councilors are professionals who work part-time in the City Council, acting in full accordance with the technical reports and the secretary implied that the requirements were given so that it could approve the building permit application, and wherein the former mayor even knew of a transformer for low tension for several years in the area in which the houses were built on the basis of his work as an electrician, "says the court in the First Section in its resolution, which had access to Europa Press. indicates that these reports were related to municipal planning regulations and Article 45 of the Law on Urban Planning of Andalusia (LOUA) to conclude that the site "was eligible to be considered urban" as being of the water supply and electricity supply in low voltage have road access and be framed in a historical spread but says that "exceeds" their competition by being another jurisdiction to consider whether the license "could be zero or if the requirements of Article 45 of the LOUA occur." La Audiencia Provincial also reverses the conviction for breach of trust planning, according to these arguments, Manuel Tijeras exconcejal Planning and five exediles the corporation zurgenera Aniceto Lopez, Emilia Jimenez, Jose Antonio Ramos, Juan Morales and Josefa Sanchez voted in favor of granting the construction license 'Antonio Jacinta' held in the city in 2005. Magistrate Ana Salmeron pointed them in its judgment of April 2013 as savvy a report issued by the municipal technician Carlos Domingo BF, convicted conformity with that collected " clearly "that the floor was" undeveloped "but pointed to" mendacious way "to meet the requirements of the regional rules in order to build" knowing that later was to participate in the technical direction of the work. " In the If the developer and builder of the work, the administrator of the corporation 'Construcciones SL Jacinta' Antonio LR, and the manager of the construction company 'Procomag SL', Manuel MC, who imposed 21 months in prison and ordered to pay of separate fines 24 months at 50 euros a day as perpetrators of crimes against spatial planning, the Provincial Court also gives absolution. Estima could not know that, even in the case of constructor "having no direct contact with the municipal officers "that the plot on which the houses built had the status of undeveloped land that was granted a construction permit and argues that, in his opinion," there is no conclusive evidence beyond mere suspicion promoter was derived from many years and maintained good relations with the City to ensure that knew the illegality of the license. " "All previously developable land is rustic and municipal license gave the appearance of legality to his intervention," apuntilla. The Provincial Court also revoked in its judgment, no appeal against the demolition order hanging over the houses, in their mostly owned by British citizens resident in the Almanzora and urges the competent administrative authority to assess that purchased homes in "good faith" and recent rules to regulate this type of housing in Andalucia to take steps to restore the planning law. PARTICULAR VOTE The dissenting opinion issued by Judge Juan Antonio Lozano, argues instead that "not irrelevant" the disquisition on Zurgena if applicable in Article 45 of the LOUA and stresses that this is not to convert "developable land in the event of unplanned towns but to define the urban network, beyond which construction is not possible." Indica, "his principal disagreement" that "there is no other reasonable interpretation" and that is "peaceful" that municipal reports "expressly say that the land is not developable" and for granting the license took refuge in two precepts "not intended for the extension of the urban network but to consolidate existing". "With this subterfuge was devised blow as buildable declared the whole land provided that takes place in the vicinity of a preexisting settlement coupled to basic urban services," he adds. concludes, therefore, that the decision of the corporation was "unfair and arbitrary" because "acknowledging the reality of things - undeveloped land - we turn to an unusual and disproportionate legal pirouette for the license was granted" while pointing to the demolition of the house "is compatible with the existence of sales to third parties in good faith, who shall indemnify the authors for any resulting prejudice. " UNDER TWO ACCUSED In the act of judgment, two of the defendants, Carlos Domingo BF and technical director of the play of 12 houses, acknowledged the facts and showed under penalty interested by the prosecutor but the judge agreed to replace the term of imprisonment imposed for twelve months both fines of twelve euros a day. For Carlos Sunday BF author was considered crimes planning, transgression, and negotiations and activities prohibited officials because, once requested the license issued, "knowing that would later participate in the conduct of the work" a report that, despite that he was aware that the ground was undeveloped, said that the plot had all the conditions laid down in LOUA.
The Court reverses conviction for trespass Candide Trabalon
The sentence, with a dissent, cancels demolition weighing about 12 homes owned by British citizens
Europa Press [05/06/2014 - 18:32]
[The Voice]
The Audiencia Provincial de Almería has revoked the sentence of 21 months in prison and nine years of prevarication disqualification imposed by the former mayor and current councilman Zurgena Works, Cándido Trabalon (PA), believing that in the license approval for 12 houses in the hamlet 'The Carasoles' "brokered" report both the architect and the city clerk in which "is not said nothing about the illegality of the works." Judgment, with a dissent, notes that, regardless of "legal treatises" on whether or not the soil is developable, "lack the specific intent" both Trabalon and other councilors of the corporation to issue an "arbitrary decision knowing clearly and glaring form illegality "and stresses that" has not been proved in this case collusion or agreement between them in a preconceived plan to convert agricultural land into developable. " "Do not forget that councilors are professionals who work part-time in the City Council, acting in full accordance with the technical reports and the secretary implied that the requirements were given so that it could approve the building permit application, and wherein the former mayor even knew of a transformer for low tension for several years in the area in which the houses were built on the basis of his work as an electrician, "says the court in the First Section in its resolution, which had access to Europa Press. indicates that these reports were related to municipal planning regulations and Article 45 of the Law on Urban Planning of Andalusia (LOUA) to conclude that the site "was eligible to be considered urban" as being of the water supply and electricity supply in low voltage have road access and be framed in a historical spread but says that "exceeds" their competition by being another jurisdiction to consider whether the license "could be zero or if the requirements of Article 45 of the LOUA occur." La Audiencia Provincial also reverses the conviction for breach of trust planning, according to these arguments, Manuel Tijeras exconcejal Planning and five exediles the corporation zurgenera Aniceto Lopez, Emilia Jimenez, Jose Antonio Ramos, Juan Morales and Josefa Sanchez voted in favor of granting the construction license 'Antonio Jacinta' held in the city in 2005. Magistrate Ana Salmeron pointed them in its judgment of April 2013 as savvy a report issued by the municipal technician Carlos Domingo BF, convicted conformity with that collected " clearly "that the floor was" undeveloped "but pointed to" mendacious way "to meet the requirements of the regional rules in order to build" knowing that later was to participate in the technical direction of the work. " In the If the developer and builder of the work, the administrator of the corporation 'Construcciones SL Jacinta' Antonio LR, and the manager of the construction company 'Procomag SL', Manuel MC, who imposed 21 months in prison and ordered to pay of separate fines 24 months at 50 euros a day as perpetrators of crimes against spatial planning, the Provincial Court also gives absolution. Estima could not know that, even in the case of constructor "having no direct contact with the municipal officers "that the plot on which the houses built had the status of undeveloped land that was granted a construction permit and argues that, in his opinion," there is no conclusive evidence beyond mere suspicion promoter was derived from many years and maintained good relations with the City to ensure that knew the illegality of the license. " "All previously developable land is rustic and municipal license gave the appearance of legality to his intervention," apuntilla. The Provincial Court also revoked in its judgment, no appeal against the demolition order hanging over the houses, in their mostly owned by British citizens resident in the Almanzora and urges the competent administrative authority to assess that purchased homes in "good faith" and recent rules to regulate this type of housing in Andalucia to take steps to restore the planning law. PARTICULAR VOTE The dissenting opinion issued by Judge Juan Antonio Lozano, argues instead that "not irrelevant" the disquisition on Zurgena if applicable in Article 45 of the LOUA and stresses that this is not to convert "developable land in the event of unplanned towns but to define the urban network, beyond which construction is not possible." Indica, "his principal disagreement" that "there is no other reasonable interpretation" and that is "peaceful" that municipal reports "expressly say that the land is not developable" and for granting the license took refuge in two precepts "not intended for the extension of the urban network but to consolidate existing". "With this subterfuge was devised blow as buildable declared the whole land provided that takes place in the vicinity of a preexisting settlement coupled to basic urban services," he adds. concludes, therefore, that the decision of the corporation was "unfair and arbitrary" because "acknowledging the reality of things - undeveloped land - we turn to an unusual and disproportionate legal pirouette for the license was granted" while pointing to the demolition of the house "is compatible with the existence of sales to third parties in good faith, who shall indemnify the authors for any resulting prejudice. " UNDER TWO ACCUSED In the act of judgment, two of the defendants, Carlos Domingo BF and technical director of the play of 12 houses, acknowledged the facts and showed under penalty interested by the prosecutor but the judge agreed to replace the term of imprisonment imposed for twelve months both fines of twelve euros a day. For Carlos Sunday BF author was considered crimes planning, transgression, and negotiations and activities prohibited officials because, once requested the license issued, "knowing that would later participate in the conduct of the work" a report that, despite that he was aware that the ground was undeveloped, said that the plot had all the conditions laid down in LOUA.
I am very glad to read your post how well you were able to make your points with such flair and passion.i have got some basic knowledge on your blog post.I experienced a trifle made an impact to by this short article. Merit again! You commit a good moment. Got some great info here. . contractors license, construction license,elevator contractors license
ReplyDelete