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Court halts building of 8 story La Floresta Building


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The government said it wasnt them but it was the prior administration even though building licenses expire after 1 year where there had to be an approval or complicity not to stop the job where either they had no permits or it was renewed recently.  A federal court has halted construction, this seems to be getting interesting.  6th District court, file 711/2017

http://www.informador.com.mx/jalisco/2017/712112/6/aperciben-a-ayuntamiento-de-chapala-para-frenar-torre.htm

 

Here is a link to the court case in the federal courts

http://www.dgepj.cjf.gob.mx/internet/expedientes/ExpedienteyTipo.asp?TipoAsunto=1&TipoProcedimiento=979&Expediente=711%2F2017&Buscar=Buscar&Circuito=3&CircuitoName=TERCER+CIRCUITO&Organismo=1250&OrgName=Juzgado+Sexto+de+Distrito+en+Materias+Administrativa+y+de+Trabajo+en+el+Estado+de+Jalisco%2C+con+residencia+en+Zapopan&TipoOrganismo=0&Accion=1

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Very interesting indeed.

It should surprise no one the local government is trying to ignore court orders on this matter.  

Quote

On March 13, the Sixth District Court in Administrative and Labor Matters issued a warning agreement with a term of three days, to force municipal authorities to comply with a provisional suspension issued on the 3rd of this month.

In the latter, the judge ordered the City Council to suspend the permits granted to Club Deportivo La Floresta, as well as construction and refrain from issuing new authorizations for a hotel or housing development located at Paseo de la Huerta No. 57.

The lawyer of the neighbors of this fractionation, (Jose Pablo Ramos Castillo), indicated that the municipal authorities have been omisas, "it is time and date that the authority has ignored that federal order, incurring in an apparent contempt of a Federal order, therefore they will be liable, at the time, of the penalties not only administrative but penal ".

 

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Whoever originally approved it as well as renewed license or didnt stop it for not having a current license should fall which appears to place the blame on the current and past administration

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Spencer, is this the final word, or can we expect further legal action? And haven't they already started construction? If so, will they be required to dismantle it and return the site to its former condition?

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They could make them take it down, it depends on how hard each side will fight and the quality of their legal representation. 

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There is always a first time but I have yet to see anything actually come down. Tony Tune's house on Los Muertos beach right next to Blue Chairs in PV has had a partially completed second story since 2010. Blue Chairs said he had to tear it down but there it still sits. Tony claims he is close to winning. The illegally constructed second floor of La Langosta right in front of a condo building was kept closed for almost a year but is now open. I think maybe money talks, at least here at the beach.

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pappys is right... nothing ever comes down. Heck, there are defunct restaurants and businesses all over lakeside that still have the signs up. My fave for years was the miniature golf site in Chapala.

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5 hours ago, ComputerGuy said:

pappys is right... nothing ever comes down. Heck, there are defunct restaurants and businesses all over lakeside that still have the signs up. My fave for years was the miniature golf site in Chapala.

Do you mean the miniature golf course with the Taiwanese restaurant inside it? ???

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When the five-story condo building at the mountain end of Galeana was being built in 1999, I was asked to accompany and interpret (English/Spanish) for the people who went to talk to the then-presidente of Chapala about the illegality of building a structure that high in Ajijic.  We were received by the vice-presidente, who told us that the presidente had been called out of town on government business.

After much discussion, the vice-presidente informed our group that the five-story building was under construction because the owners/contractors had obtained an amparo (right to protection) at the federal level, and that such a right to protection could only be lifted by the Supreme Court.  He also informed us that there are levels of amparos: municipal, state, and federal.  A municipal amparo can be overturned at the state level; a state amparo can be overturned at the federal level, and a federal amparo has virtually no recourse.

Note that the building still stands, all five stories of it.

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Many permissions and amparos are due to complicity with public officials and them not responding on purpose although in Guadalajara they have ruled that this is a misinterpretation of the law and that merely applying for a building permit without the other requisite permits from the fire department, water department, ecology, etc does not mean that a failure to respond means automatic grating of a permit without the other authorizations. 

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