The Santiago Court of appeals rejected the claim of illegality filed against the municipality of Recoleta to end unilaterally the contract of concession underground parking lots and surface in the commune.
In a unanimous ruling, the Fifth Chamber of the Court of Appeal – comprising the Ministers Omar Astudillo, Juan Silva Opazo and lawyer (i) Pia Tavolari – ruled out arbitrary of the Mayor of the commune Act by signing the decrees that the contract with the company finiquitaron Concessions Recoleta S.A. «Indeed, in a first approximation subject to challenge administrative acts have the proper rational foundation of the decision contain, since they involve the decision of the Building Authority and have allowed to the appellant to challenge its legality with the resources provided precisely the constitutional organic law of municipalities, so unable to glimpse the illegality which raises the appellant on the basis of that chapter of challenge, which is the failure is different valuation purporting to attributing the appellant reasons that motivate the administrative acts which challenged according to their claims», argues.
The resolution adds that: «in as to which there is no law that authorizes the Recoleta municipality to issue a decision on the administrative acts contested under the pretext of the existing judicial proceedings. The truth is that as alleged by the claimant in this way, is to Alcalde order to give fulfillment to the concession contract parking underground and surface, signed between the parties, which by Decree exempt No. 3662 of date of December 9, 2016 that Building Authority put term unilaterally, conflict that it is currently subject to a judgment’s lato knowledge, so this is not the way to obtain the Declaration of the right that he is irroga; and as a result, there is no any illegality that remedy by that chapter.»
«As a result – continues-, in light of the transcripts precepts and duly established facts, it is not possible to estimate that acting de el Sr. Alcalde de la. I. Municipalidad de Recoleta magazine characters of illegality and arbitrariness attributed to him in the enactment of» the administrative acts is disputed by this discretion, since, as a result it is not possible that the municipality of Recoleta perceived income in its municipal coffers in the form of payments from the exploitation of a gainful activity – monthly participation by exploitation of parking – which is the margin of legality established in articles 23 and 25 of the law of municipal income tax».
«(…) in the species, as he reasoned, must be concluded that the species there is resolution or arbitrary or illegal omission to reproach to the 1900/434 ordinary date September 24, 2018, ordinary 1900/399 dated September 3, 2018, ordinary 1900/509 of date October 22, 2018 and Office 1400-127-2018 20 of November of 2018 since they have been dictated within the framework of the responsibilities that correspond to the municipal authority, are properly motivated, do not affect the municipal heritage and In short they are adjusted to current legislation, reason why your claim should be rejected», he concludes.
Jadue: I reiterate the call not to pay parking meters after be known failure, Mayor Daniel Jadue appealed through his Twitter account not to pay parking meters in the commune and demanded that the company be removed.
«I reiterate the call not to pay parking meters in the commune of Recoleta and require the company to withdraw from the streets of our community.»