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EXPLANATORY COMMUNICATION BAR SITUATION IN MUNICIPAL SWIMMING POOL

Given the incorrect information that has been made known in an interesting manner by the situation of the municipal pool bar, this City Council, given such information and comments lacking any truthfulness, is not only required to inform, but also To communicate to all the neighbors of this town, in pursuit of transparency, that there are THREE Judgment Judgments and a Judicial Self, which give the reason to this City Hall and that force us to act with the Law in hand.

 This City Council wants to make clear a number of points of vital importance:

  • That the buying party, bought a property register to a company in Contest of Creditors in a Court of Murcia.
  • That this City Council has never been a claimant in the Court, in this procedure the City Council has always been sued, and the only thing that has done has been to defend itself in each of the judicial processes that have been imposed.
  • That these procedures have cost a lot of money that comes from the public funds and therefore from the pockets of the citizens of San Miguel.
  • That after THREE Judgments, and an Auto Judicial, giving reason to the City Council, this City Council neither can nor must carry out actions contrary to what the Courts have sentenced.

    THE PROVINCIAL HEARING OF ALICANTE SAYS THE FOLLOWING:

    «By the court of first instance nº 1 of Torrevieja in the said files, a judgment was delivered on 01/12/2016, the operative part of which is as follows:

    FIRST .- «I DISMISSED INTEGRALLY the interposed demand …. In the name and representation of Mrs. María Teresa Gómez Galindo against the EXCMO.AYUNTAMIENTO DE SAN MIGUEL DE SALINAS «.

    SECOND .- «Against this Judgment an appeal was filed by the Appealing party MARIA TERESA GÓMEZ GALINDO, raising the records to this court where the roll nº 276/16 was formed.»

    This appeal, as explained above, has been dismissed; The Provincial Hearing continues:

    WE FAIL:

    «We dismiss the appeal filed by the representation of Mrs. María Teresa Gómez Galindo, against the judgment of the Court of First Instance nº 1 of Torrevieja, dated January 12, 2016, which we confirm.»

    It is also reported that on February 24, 2017, the Administrative Court No. 1 of Elche issued Judgment No. 94/2017, which states: «that the bar-cafeteria operated by the Appellant was located on a municipal property affected by public use, as declared by the Judgment of the Court of First Instance No. 1 of Torrevieja …… and confirmed by the Provincial Court of Alicante dated June 9, 2016 . «

    «That on July 4, 2014, the Administration initiated an expedited recovery of the asset on which the activity was carried out. Therefore, we are not faced with a case of arbitrariness of the Administration, or an unjustified action, but its procedure is due to the manifest will to recover the availability of the plot. «

    «FAILURE.

    «To reject the judicial-administrative appeal filed by María Teresa Gómez Galindo in front of the agreement of the local Government Junta … .. of February 12, 2016 that ordered the definitive closure of the activity or installation of Bar-Restaurant located in the street Maisa Lloret nº1-B … .. »

    Having regard to the Judgments enumerated, it has been established that ALL JUDICIAL PROCEEDINGS INITIATED AT THE INSTANCES OF MRS. GOMEZ GALINDO, THEY HAVE BEEN DISCOUNTED IN ALL; And the procedure initiated by this City Council has been the one that the Courts and Hearings that have ruled have indicated.

    If we had not carried out this procedure by the Town Hall, then we would be in breach of the law.

    In any case, this City Council reserves the right to file any criminal proceedings against the comments and false information that may be published in social networks, in case they violate the right to honor, are abusive or slanderous against this City Council or any of its members. Being that it is going to proceed to transfer to the legal services hired for the purpose to analyze the complaints and denunciations to that there is place.