The Supreme Court has decided not to admit the appeal filed by the Junta de Extremadura and the two developers of the Marina Isla de Valdecañas urbanization (Cáceres) with the aim of preventing its demolition. This resolution exhausts the ordinary judicial route, which began 15 years ago the organizations Ecologists in Action and Adenex against the construction of the luxury urbanization in an area protected by the figure of Natura 2000 Network (biodiversity conservation areas in the European Union). The judges consider that it is not "pertinent to reopen a debate", which have closed other previous sentences in which it was indicated "expressly" that there is no "material impossibility" for its execution – to demolish what was built and return the space to its original state – nor alleging socioeconomic or other interests.
Ángel García Calle, spokesman for Ecologists in Action, assures that "it is a very important step" towards the restoration of Valdecañas. "There are no more resources before the Supreme Court, and the Junta de Extremadura must prepare a report with the restoration project of the environment in eight months," he adds. The Government of Extremadura and the owners have not given up and filed two appeals against the demolition order of the complex before the Constitutional Court, which decided to admit them for processing in November 2022 by a tight result of six votes to five. The court found that the issues raised had "special constitutional significance" and that the question went beyond this specific case, because it establishes a legal question of relevant and general social or economic repercussion. García Calle indicates that this process "should not suspend compliance with the sentence." "The logical step," adds Ecologists in Action in a statement, would be to undertake the immediate demolition of the half-built part – the concrete skeletons of houses and a hotel paralyzed for years. The organization will urge the Superior Court of Extremadura to start this work without further delay.
Among the attempts to maintain the tourist complex, the Junta de Extremadura approved this March a law in which 55 Special Protection Areas for Birds (ZEPAS) are declared, among which Valdecañas stands out. In this way, it is considered that these areas lacked protection until now, despite the fact that the European Union recognized them already in 2003 and 2004. Therefore, the construction of the luxury complex would be legal. The rule went ahead only with the votes of the Socialists. Ecologists in Action has responded with a complaint for prevarication against the deputies who approved the law and will also present an appeal of unconstitutionality. "They promote a law that modifies the Natura 2000 Network, which is European in scope, and which, at the same time, is a flagrant mockery of the judiciary by the legislature to evade a sentence," says García Calle.
Resort golf course. Luis Sevillano
The complex, which was known in its heyday as the Marbella of Extremadura, is located two kilometers from the municipality of El Gordo, on an island of 135 hectares surrounded by the Valdecañas reservoir. It has an 18-hole golf course, 180 villas — 33% of the 565 planned — with 270 square meters on average on plots of 800 with stunning views of the swamp, ochre and a discreet construction integrated into the environment; a four-star hotel; Pools; artificial beach; 76 berths and sports courts. Ecologists in Action and Adenex requested the precautionary stoppage of the works just started, in 2012, but the Superior Court of Extremadura requested a bond of 41 million euros, an amount completely unaffordable for these organizations.
The amount of the works to be undertaken to reverse the situation is one of the main arguments used by the regional government to respect the complex. In 2011, the Extremadura court indicated "exhaustively" that the environment had to be restored and return to its initial state. But in July 2020, in one of the many turns that the process has taken, the order of execution of that sentence decided that it was not necessary to throw away what was already built. The magistrates justified it on the "high economic damage". The Junta de Extremadura would have to face "at least" 145 million euros for the costs of demolition and compensation to third parties in good faith. This figure is the sum of the cost of demolishing the built (almost 34 million) and the "possible economic damage" that would be caused to the owners of the homes "that could reach 111,000,000 euros". Later, in February 2022, the Supreme Court decided that the demolition should be complete, also of the built.
The residents of El Gordo and Berrocalejo, the two municipalities on whose land the urbanization is located, reject its disappearance because it would imply fewer jobs and greater depopulation of the area. Ecologists in Action demands "in a special way" that the inhabitants of the affected villages be attended to with the conservation measures that are considered necessary.
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