He Supreme Court (TS) has condemned the Puerto de la Cruz City Council (Tenerife) to pay 119,000 eurosmore interest, to the heirs of a neighbor who at the time denounced the local corporation for noise pollution who suffered for years due to air conditioning towers installed by a municipal theme park. The court ruling represents the last chapter of a long judicial process in which there have been rulings for and against the company, the local corporation and the complainant.
After a complaint from Loro Parque to the neighbor for placing protest posters in your home, the Provincial Court took his side and sentenced the citizen to pay the zoo 8,800 euros for attacking the company’s honor. But, within the same procedure, The Supreme Court forced the park to disburse the same amount after considering the complaints to be true due to noise pollution.
The procedure that ends now focuses on the adequacy of the asset liability appeal for a value of 384,400, which was rejected by the local corporation alleging that it was not signed, which was also not corrected despite the request of the Superior Court of Justice of Canary Islandsso its archive was decreed.
The Supreme Court reproaches the Superior Court of Justice of the Canary Islands and the City Council for not carrying out a second request for rectification of everything that from its point of view was necessary to present, and after consulting the receipt of the electronic record it was found that there had already been been signed in this way.
The events date back to 2006, when a pool was built for the exhibition of an orca show. For this purpose, three cooling towers were built that produced noise inside the homes above what was permitted, as demonstrated by several acoustic measurements carried out during those days. The neighbor, representing the community of owners, chose to present complaints and complaints to both the theme park and the City Council, which finally resulted in the carrying out of various works to reduce noise. However, these measures were insufficient, since the levels were still higher than those allowed by legislation.
For this reason, in July 2008 new improvements to the towers’ soundproofing systemwith which it managed to reduce noise pollution by more than 8 decibels, according to an expert report provided by the company.
As for bad odors, the tests carried out did not clearly conclude with their existence. The final ruling now refers to the responsibility that the City Council had in this matter, while a previous one forced the park to pay the aforementioned 8,800 euros to the citizen.
