The municipal decision was made after a thorough analysis of the current situation of the contentious-administrative process, considering the existence of significant technical and legal grounds. The town's mayor, Antonio Vicente, and the Councilor for Urban Planning and Environment, Soledad del Valle, met with the three neighborhood associations of Montencinar to inform them about the administration's stance and the decision taken.
The City Council considers the sentence appealable in cassation. The municipal legal services have presented the technical and legal reasons for the appeal, and the specific objective casational interest will be established in the appeal currently being drafted. Since 2020, six contentious-administrative appeals have been filed against the Local Government Board's agreement of September 5, 2019, which definitively approved the PERI 3 Montencinar Parceling Project. All lower court rulings have favored the City Council.
Three of these appeals were contested in appeal to the TSJM, two of which were dismissed, and another, appealed in cassation to the Supreme Court, was deemed inadmissible. In total, justice has ruled in favor of the City Council nine times and against it only once.
The processing of the urbanization project cannot continue due to legal certainty until the cassation appeal is resolved, as the sentence annuls the parceling project, which is a necessary prerequisite for carrying out the urbanization works. The cost of administrative actions related to the urbanization project to date will be borne by the City Council.
The deadline for filing the Cassation Appeal with the Supreme Court is thirty days from the notification of the sentence. It is estimated that formal admission, submission to the Supreme Court, and preparation of the appeal brief will take approximately three months. Once submitted, it is estimated to take between six and eight months to know whether the cassation appeal is admitted.
