Published 28 Jun 2024 - 11.10
Press release of the Municipality of Roana of 25/06/2024
With two "twin" rulings, both published on 14 June, the Council of State annulled the measures with which the Magnabosco Administration had "cancelled" the Marchisera subdivision in Treschè Cesuna di Roana, thus affirming the right of private individuals to the implementation of the Plan.
This double decision was taken by the supreme administrative assembly at the extraordinary hearing held on 5 June, a few days before the municipal administrative votes that did not confirm Avv. Magnabosco at the helm of the Municipality.
It will therefore be the new council of the new mayor Luigi Martello who will have to face the non-trivial consequences of the illegitimate behavior of the Magnabosco Administration, censured by the two sentences of the Council of State that highlighted and affirmed its opposition to the law.
With resolution no. 75 of 27 July 2020, the Magnabosco Council had resolved not to approve the urban plan.
Plan that, as ruled by the Council of State, had already become final and therefore approved precisely because of the inertia of the Magnabosco Administration, which after having delayed in acquiring the necessary opinions and omitting to counter-deduce the observations of private individuals, had allowed the deadline of 2 November 2019 to run, provided for by law to guarantee the right of private individuals to proceed with the execution of the plan presented to the Municipal Office.
Precisely following the communication of 25 August 2020 from the Head of UTC, private individuals were forced to initiate a second proceeding before the Administrative Judge, to challenge the resolution of the Magnabosco council no. 75 adopted on 27 July 2020, therefore well over 9 months after the approval of the plan due to the expiry of the deadline for the formation of the Municipality's implicit consent to the plan itself.
All the administrative activity of Mayor Magnabosco carried out after 2 November 2019, has therefore proved to be not only late and therefore illegitimate, but also harmful both in terms of the compression of the right already acquired by private individuals in the meantime, and in terms of the negative impact on the coffers of the Administration, and therefore on the pockets of citizens. The Municipality of Roana, due to the loss in the case, was in fact sentenced to pay more than 17,000 euros in legal costs.
The current administration does not make any particular comments on the matter: "We hoped at least to be able to take office on June 27 with greater serenity, even if we knew that we would inherit enormous problems: this is the first. We are considering how to deal with the significant amount of money to be paid to private individuals for expenditure, which will certainly also constitute an off-balance sheet debt. For the rest, we will evaluate how to dialogue with private individuals to avoid further claims for damages, given that the Council of State has clearly decreed the annulment of all administrative acts of the previous Administration, subsequent to November 2, 2019. We will try to manage the first "tile" inherited from the previous administration in the best possible way.
Roana, 25/06/2024
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