translated from Spanish: Court of Appeals declares illegal alcaldic decrees and opens way to Parque Pumpín project in Valparaiso

In the midst of the Covid-19 pandemic that takes place in almost all of Chile, a real estate dispute that pits the mayor of the commune, Jorge Sharp, and businessman Nicolás Ibáñez to place in Valparaíso.
According to consigna radio Biobío, the building received a hard setback after the Court of Appeals of Valparaiso decided to declare illegal the alcaldic decrees that left ineffective the resolution prohibiting the construction of the Parqueín Pump project by the Real Estate Del Puerto SpA, owned by Ibáñez.
The determination of the high court is given after the claim of illegality brought by the real estate company against Mayor Sharp.
It should be noted that the initiative that involves the construction of 23 buildings, 713 departments and seven commercial premises, in addition to 245 parking lots was paralyzed by order of the municipality in 2017.
The Court of Appeals contends that the mayor acted outside its competence, transgressing the principle of legality, by without effect the building of the works.
In this regard, Nicolás Guzmán, director of Legal Advice of the Municipality of Valparaíso, assured the radio that «it is most likely that because of the characteristics and complexity of the case it is the Supreme Court that decides the future of this project».
It also emphasized that the ruling states that the reported offences are not a crime.
In addition, with the decision of the high court the old resolution of the Directorate of Municipal Works that allows to build the project of the Real Estate of Puerto SpA is maintained.

Original source in Spanish

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