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Jumilla City Council will seek the annulment of the proceedings of Santa Ana del Monte Jumilla Golf because it was not located (29/12/2009)

According to a report by the local entity's lawyers "the Chamber for Contentious Administrative Tribunal Superior de Justicia de Murcia, 1 st section of the site failed in its duty under Article 90 of the Law on Administrative Contentious Jurisdiction

Jumilla City Council will seek the annulment of the decision procedure of Santa Ana del Monte Jumilla Golf at not being called on it.

A report by the local entity's lawyers stated that "the Administrative Disputes Division of the Superior Court of Justice of Murcia, Section 1 of the site failed in its duty under Article 90 of the Law of the Contentious Administrative Jurisdiction."

In this sense, the Mayor of Jumilla Francisco Abellán has indicated that "we are able to say categorically, because it was made in the report of the lawyers who brought the council proceedings regarding partial plan Santa Ana del Monte Jumilla Golf, which the Division of Administrative High Court of Justice of Murcia, Section 1, violated the duty location, ie notification that there is a time to defend the City in the appeal before the Supreme Court, in this way is violated the right to effective judicial protection, generating an apparent helplessness, and has violated Article 53 of the Spanish Constitution. "

Abellán adds that "so Jumilla City Council will present to the Supreme Court a motion for dismissal of proceedings for annulling all the proceedings before the Supreme Court and start again from the commission of the defect site to the the Superior Court of Justice "

The maximum local authority added that "it is good that the public knows that the City has not had the opportunity to defend himself because he was not given the option to not as a party defendant and to state his reasons for opposition to the City due in the appeal launched by Pascual Carrión Guardiola. "

Source: Ayuntamiento de Jumilla

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