One of the last victories for Benny before his electoral defeat was a National Supreme Court decision that decided in the Town Hall’s favour and against the Junta de Andaluia.
Actually, let me clarify that statement concerning the election results; Benny did not suffer an electoral defeat – his was the most-voted party, winning the most councillor seats above any other party. However, he lost the mayoralty owing to the combined opposition outnumbering him, which is not quite the same thing.
The court sentence concerned primarily the Hotel Bahia Tropical; i.e., the one in Taramay. You might remember that the Regional Supreme Court of Andalucia decided against the Town Hall over the dimensions of the said hotel and whether it had exceeded its construction permit in building area. The said regional court had annulled six modifications to the PGOU, amongst them: MP69 Taramay Camping – Hotel Bahia Tropical; MP 79 Hostal Medina and MP80 Hotel San Carlos.
The Junta had alleged that the Town Hall had modified the 1987 PGOU to deliberately over step the building limitation, the act of which would have criminal connotations and this was also how the regional supreme court saw it.
However, in the case of Hotel Bahia in Taramay this decision probably does not solve its problems because there was a private suit against the hotel concerning over-building which was decided against the hotel. The Junta has been doing 7th Cavalry impersonations, in a judicial sense, because they always act late and several of their lawsuits that they have taken out against the Almunecar Town Hall have been rejected for being submitted beyond the time limit for doing so. Fortunately, or unfortunately, depending on your point of view, this private case against the hotel was correctly presented, judicially processed and won.
Finally, one of the Modificiones Puntuales (MP72: Tesorillo) is in the process of being modified again from ‘hotel use only’ so that a private medical clinic can be built.
(News: Almunecar, Costa Tropical, Granada, Andalucia)