He Santa Cruz de Tenerife Town Hall has filed an appeal in the Superior Court of Justice of the Canary Islands (TSJC) against the judgment what orders withdraw to a street named after Architects Saavedra and Díaz Llanos to return to its previous name of The tolerance.
A contentious administrative court at the time accepted the complaint filed by the lawyer Antonio Padilla considering that the stipulated procedure was not followed since the mayor, José Manuel Bermúdez, decided to change the name through a decree appealing to urgency of measure.
The City Council defends that not having explained clearly enough the reasons for resorting to this channel “does not constitute a defect of a sufficient nature and entity” to imply a total absence of procedure.
For this reason, the municipal lawyers defend that all the actions must be taken back to the moment that is necessary to determine if the sentence supposes a non-invalidating irregularity or that there is only a repairable act.
The lawyers appeal to the jurisprudence in which it is concluded that to annul an administrative act the infraction must be “clear, manifest and conspicuous”, which would not occur in this case.
For this, it would be necessary to dispense completely and absolutely with the legally established procedure and that some of the procedures have been breached.
The mayor appealed to the urgency to make the change directly, not taking it to the corresponding commission and without reporting to the plenary session, which the initial sentence considered was not sufficiently justified.
The objective was for the honored architect, Javier Díaz-Llanos La Roche, a colleague of the late Vicente Saavedra and who is older than the latter, to be present at the event, which was possible as reflected in the media.
Likewise, it is indicated that during the judicial process the relatives of the honorees were not summoned to give their point of view, with which they have been harmed and for this reason they appeal to effective judicial protection.
In short, from the City Council it is recalled that the mayor is a “manifestly incompetent” body to agree on the change of name of a public thoroughfare since the Regulation empowers him so that, under certain exceptional circumstances, he can grant distinctions, among them Put names to places, streets, squares, parks, walks, buildings or public facilities, among others.
