The Constitutional Court paper that will be discussed in plenary next week proposes a precautionary suspension of the total demolition of the Marina Isla de Valdecañas tourist complex (Cáceres), ordered by the Supreme Court, until the guarantee court resolves the merits of the appeals.
Legal sources inform EFE that the rapporteur Enrique Arnaldo is in favor of granting the precautionary measure requested by the appellants to avoid the damage that demolishing the complex would entail, even if a posteriori the resources of the Junta de Extremadura, the communities of owners of the complex and the town halls of El Gordo and Berrocalejo.
The plenary session that starts next Tuesday will resolve this issue, the admission of which already stressed the court in November 2022 as it went ahead by a single vote difference, six to five.
The magistrates who opposed reviewing the Supreme Court ruling were former Vice President Juan Antonio Xiol, Ricardo Enríquez, María Luisa Balaguer, Ramón Sáez and Inmaculada Montalbán.
Isla de Valdecañas is a tourist complex located in the municipalities of El Gordo and Berrocalejo (Cáceres), on an island of 134.5 hectares in the Valdecañas dam.
The Supreme Court agreed to the demolition of the hotel, the houses and the golf course of the Marina Isla de Valdecañas urbanization for having been built in a space classified as a Special Protection Area for Birds (ZEPA).
In this way, he revoked the judgment of the Superior Court of Justice of Extremadura in which it was declared the material impossibility of demolishing the buildings already built in the urbanization.
The TSJ of Extremadura had agreed to the conservation of the hotel, 185 houses, a golf course and facilities that are currently built and in operation at the time that it had indicated that the cost of demolition of everything built would mean 144.9 million between works and compensation .