The demolition of the luxury resort on Isla de Valdecañas, in Cáceres, will have to wait. The Constitutional Court has decided to paralyze the demolition of this complex ordered by the Supreme Court and delay the entry of the machinery, at least, until they resolve all the appeals and issue a ruling on the merits of the matter. The plenary session has decided to uphold the request for urgent measures from the Junta de Extremadura, the owners and two town halls to stop the execution of the judicial resolutions that firmly declared that this complex was built irregularly and must be demolished.
The Constitutional rapporteur on Valdecañas proposes the precautionary suspension of the complete demolition of the resort
This luxury complex includes 200 villas, a four-star hotel and a golf course and was built in the middle of the swamp and in a Special Protection Area for Birds with the approval of the Junta de Extremadura in 2007. The litigation began shortly later and the courts declared the resort illegal, with the Supreme Court certifying in February 2022 that everything had to be demolished. The Board, the owners and the consistories of El Gordo and Berrocalejo took their last appeals to the Constitutional Court with a prior request for precautionary measures.
The plenary session of the Constitutional Court, with six votes in favor and five against the decision, has determined this Tuesday to accept that request for urgent measures and to paralyze any attempt to demolish it until the magistrates issue a ruling on the merits of the matter. The usual times of the guarantee court usually leave around a year from the admission of an appeal to the final judgment, which gives room for the demolition process.
He explains in a statement that the demolition of all the houses “would cause economic damage that would be difficult for his entity to repair,” harming both the Board and the owners of the houses. “If the suspension is not granted, the demolition of everything built in the complex would have already occurred at the time the Constitutional Court resolved the three appeals, with which it would no longer be possible to return things to the state in which they were before of the execution of the contested judicial sentence in the amparo appeals”, says the Constitutional. Five members of the progressive sector have voted against it.