The Contentious Chamber of the Superior Court of Justice of Canary Islands (TSJC) has endorsed the Montaña Pacho agreement, in La Laguna. The entirety of this enormous urban unit, which comprises more than 100,000 square meters of land next to the Los Majuelos commercial park and near the exit to Santa Maria del Mar, It has already been incorporated into the municipality’s road network after the City Council received the last part of the work that was pending last October.
Industrial Constructions Tenerife (Cointe) argued before the courts that the La Laguna City Council had to pay between seven and five million euros for having claimed greater use than initially agreed. The owner of the construction company, Ambrosio Jiménez, has told Efe that they are waiting for the liquidation board to prepare the final numbers to know whether or not they will go to court again, in case it is proven that there is an excess of use in favor of the Laguna Corporation.
That will be when the square meters corresponding to the City Council and Cointe will be determined, a distribution that has currently been set at 37.5% and 62.5% respectively. Jiménez assures that his intention is not to resort to the courts anymore, but rather to reach an amicable agreement, at the next meeting of the liquidation board, in which the compensation board will be dissolved, thus downplaying the importance of this ruling issued in July and released now.
In 2007, Cointe presented the proposal to carry out the works in this unit after modifying the General Plan and following all the mandatory steps, and for this purpose it drafted an agreement in order to urbanize this enclave and develop it. The agreement included a list of municipally owned properties totaling almost 40,000 square meters, 37.5%, while the company agreed to have the remainder and committed to carrying out the work.
In 2008, during the public information process, Cointe ratified its compliance with the agreement, the statutes of the compensation board were approved and the company deposited four and a half million as guarantee. From then on, discrepancies began to appear between the property registry and the compensation project, which is why various rectifications were carried out and introduced into the new distribution.
It was then that Cointe began to talk about excessive use in favor of the local corporation, which is why it considers that it must pay the board a figure that it initially set at seven million and then reduced it to five. In the first instance, the court rejected the construction company’s arguments, which is now also endorsed by the Superior Court of Justice of the Canary Islands, which rules out “omissive inconsistency” in that it believes that it is not necessary to answer all the questions raised by the appellant but that it is sufficient to do so in a generic manner.
He recalls the recognition of having reflected the distribution of land in the compensation project and believes that Cointe is not asking for “a mere rectification of an error, but rather a genuine hidden modification of the bases for equidistribution of benefits and burdens.” The TSJC reproaches the construction company for never requesting a challenge or review of the distribution until it was decided to go to court.
End to years of waiting
On October 5, Montaña Pacho was completely received by the La Laguna City Council. The procedure put an end to years of waiting. This meant in practice that all the streets were open, as well as the access to the fields. soccer and other facilities such as a park. These infrastructures respond to the compensation of this company to the municipality for the reclassification of the land. In total, Montaña Pacho exceeds 100,000 square meters. It is bordered by Los Andenes, Los Majuelos, San Miguel de Chimisay and San Bartolomé de Geneto.