The first section of the Contentious-Administrative Chamber of the Superior Court of Justice of the Comunitat Valenciana (TSJCV) has confirmed an earlier ruling that annulled an agreement of the Valencia City Council in 2010 for which funds from the Municipal Land Heritage were allocated to the rehabilitation project of the Tabacalera, the Plaza Redonda and the Mercado Central instead of the promotion of public housing.
Thus, the Valencian high court dismisses the appeal filed by the municipal corporation against a resolution of the court of contentious administrative number 4 of Valencia -date in June 2010-, which, in turn, estimated the allegations made by the group municipal socialist against the decision approved in a municipal plenary of 2008, relating to the second modification of the budget of extraordinary credits and credit supplements for that year for an amount of 22,387,447 euros of which 7.8 million from the Municipal Heritage of the Soil was allocated to the rehabilitation project of the Tabacalera, instead of to the promotion of public housing. In that sentence, the court considered the agreement “contrary to law”.
Now, the TSJ ratifies that decision to consider that, “as it well reasons the sentence appealed, the City Council has not proved that in 2008, year in which it was processed and dictated the plenary agreement, the demand for public protection housing in the municipality was satisfied. “
“As a result – concludes – the City Council agreement of May 30, 2008, which decided to apply the resources generated by the sale of municipal land assets to municipal projects other than public protection housing – specifically, first to rehabilitation and adaptation of La Tobacco, second to the special plan of the Plaza Redonda, and third, to the rehabilitation of the Central Market – is contrary to law.
After knowing this judicial decision, the socialist councilor in the Valencian consistory Vicent Sarriá has said that the management of the mayor, Rita Barberá, “has been characterized by the waste of public resources, the bad practices that maintain urbanism in our city under Suspicion and the waste of the municipal heritage of land where it has acted with the authoritarianism and arrogance that characterizes it permanently violating the law in an exercise of intolerable insubordination “.
In this sense, the mayor recalls, through a statement, that the City “accumulates hundreds of judgments against him for not following the legal procedures that should prevail in a democratic government.”
“In these 23 years of municipal government have been auctions of land from the municipal heritage of land (as in the Avenue of France where they were entered more than 18 million euros) or has been delivered to developers the soil from of the surplus municipal use, and all these revenues that could exceed 50 million euros, have been allocated in the vast majority of cases to other purposes than the promotion and rehabilitation of public housing, which highlights the waste and the nefarious management of the mayor, “says Sarrià.
In the same line the socialist representative points out that the City Council “has also lost sentences for violating urban regulations, the law of public administration contracts, competition and public information, do not apply environmental regulations or justify changes in planning” .
“The mayor accumulates more than a hundred sentences for his authoritarian way of governing that leads him to belittle the legal basis, which means for our city to suspend democratic credibility” said Sarrià, who recalled that many of these sentences are for violate the urban and environmental regulations, such as the planning and adjudications of the urbanizable sectors of Orriols; Patraix and Massarrojos Nord; those of urban land in Camino de Moncada; Guillem de Anglesola or Pedro Cabanes in Torrefiel; Font de Sant Lluis; the change of sectorization in Quatre Carreres or approve the requalification of the sports floor of Cortes Valencianas without the approval of the Generalitat.
“Poor democratic management”
Sarrià adds that “the deficient democratic management of the mayor in its permanent conflict with the application of the urban and patrimonial regulations is well known in the Supreme Court mainly by the Cabanyal that culminated with the declaration of plundering and by the tobacco company, forcing the TSJCV to review his sentence, to destroy the side and rear naves of the building violating their patrimonial protection, or justify the urban agreement that allowed a waste of public property.
Finally, the socialist councilor hopes that this sentence of
Tsjcv ” is fulfilled immediately in all its terms and the 2008 plenary agreement is modified, allocating 7.8 million euros to the promotion of public housing in the city, thus guaranteeing the repeated judgments of the Supreme Court that endorse this criterion as permanent feedback of the municipal heritage of the land, to guarantee the constitutional commitment of citizens’ access to housing “.
Otherwise, said Sarrià, the Municipal Socialist Group will ask the Court of Contentious Administrative No. 4 that issued judgment 298/10 of June 21, now ratified by the Chamber of Contentious Administrative of the TSJCV, the incident of execution of judgment.