The TSJM's decision overturns a previous court ruling that had dismissed a resident's lawsuit in 2025 against the project approved in 2023. This new resolution is crucial, as it allows the case to proceed and for the allegations made against the urban plan to be thoroughly examined.
The origin of this judicial phase dates back to January 2025, when the Contentious-Administrative Court No. 33 of Madrid dismissed the resident's appeal, arguing that the matter had already been judged under the principle of “res judicata”.
However, the TSJM has corrected this criterion, ruling that the 2023 project constitutes a new and distinct administrative act from the previous one. The Chamber noted that the current allegations are based on different issues that were not analyzed in previous proceedings, and therefore must now be examined by the original court.
The conflict in Retamar de la Huerta has a long judicial history. In 2021, a court annulled the initial project approved in 2019. Subsequently, in 2022, the TSJM reviewed that decision, demanding corrections, especially regarding the route of a livestock trail affected by the development.
As a result, the Alcorcón City Council approved a new compensation project in December 2023, adapted to judicial requirements. It is this new document that has been appealed, with the plaintiff arguing that, despite being a new project, it contains aspects that could violate urban planning regulations and were not previously evaluated.
“"The court considers that there is not sufficient identity between the previous and current processes, as the object of the appeal is different."
The direct consequence of this decision is that the appeal cannot be shelved, and the proceedings must continue. This means the court will now have to assess whether the project approved in 2023 complies with the law. For now, the TSJM has not ruled on the validity of the urban development, but only on the plaintiff's right to have their allegations analyzed.
