Criminal Law Court Nº1 in Motril has ordered that the case against José Luis Rodriguez Passolas for urban-development corruption be shelved. The case was brought against him and María Arellano Ruiz by the Ministerio Fiscal and Ecologistas en Acción.
The case dates back to 2002-2003 when Sra. Arellano Ruiz requested a building licence for a family dwelling on land belonging to her, linked to agricultural use. The building permission was also to cover a storeroom/tool shed (apero de labranza). The Municipal Surveyor, Rodríguez Passolas, issued a favourable report on the basis of which the said licence was granted.
The judge accepted the defence lawyer’s argument that the case should be shelved because no full copy of the PGOU (Municipal Urban Development Plan) had been published in the official government gazette at the moment of the issuing of the said licence.
“The integral publication of urban-development regulations is one of the indispensable requisites for the coming into force of any PGOU, so that compliance to it can be enforced,” expounded the defence lawyer for Municipal Surveyor.
In other words, as the Almuñécar PGOU had still not officially been made known via the administrative publications (provincial gazette), therefore the building-licence petitioner and the Municipal Surveyor could not have broken any urban-development regulations that had still not come into force.
The judicial decision is open to appeal.
Editorial Comment: Rarely, if ever, has a case against urban-development issues in Almuñécar prospered within the law courts of the province.
(News: Almunecar, Costa Tropical, Granada, Andalucia)