Un atisbo de cordura en "el algarrobico". La sentencia 1682/2022 del Tribunal Supremo, Sala 3.ª, de 19 de diciembre

Abstract

The ruling of the Supreme Court of December 19, 2022 has established an interesting change of criteria in the matter of patrimonial responsibility in the macro process initiated after the construction of the «El Algarrobico» hotel, in Carboneras. If until now the sentences handed down by the different courts have relieved the Administrations of any declaration of responsibility, in this recent judicial pronouncement the responsibility of the three Administrations involved is unquestionably noted for the «inadmissible leniency» with which they have acted to promote this action «lacking all reason and right». And, in addition, it is noted that any resolution that falls, including the demolition of the property, may not ignore «the certainly complex rights and of undoubted economic, social and legal interest, of all the parties involved». The initiation and the way in which the license review procedure ordered by the TSJA (the Regional Supreme Court) ruling of July 22, 2021 is concluded will entail legal decisions of great complexity and dogmatic substance that will transpose the particular interest of the matter, to become part of of the doctrinal record of the review of urban planning licenses