“It is proven that material infractions prevent legalisation.” With this, the Contentious-Administrative Court Number 5 of Las Palmas have overturned the attempt to save the Papagayo Arena hotel from demolition, which has up to three charges declaring its illegality, two in the contentious-administrative process and another in the criminal proceedings, in the Yate case.
In an order dated last Thursday, January 20th, the Contentious Court orders the "full execution" of one of those sentenceshe hotel continues to occupy public land today , which should be a large access road to the beach.
The property and the Yaiza City Council were opposed to this execution, and even asked the Court to refrain. To do this, they alleged that there was already another process open before the Superior Court of Justice of the Canary Islands, which was the one who issued the first sentence pending execution, referring only to the hotel's building licenses.
However, the magistrate makes it clear that this other ruling must also be executed, since as the Cabildo had defended, "different acts were reviewed." In this case, what was annulled was a previous decree issued by José Francisco Reyes in 1999, which authorized the grouping of two buildings. Thanks to that, the hotel was built as if it were one, "eating" that road that had to be kept between the two. In addition, he also declared null the decrees that authorized the model of the hotel project and the project of the final state of the works.