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The legal opinions confirm the full legality of the actions of the mayor in the vote on the grounds of the new school Alfonso X (21/11/2008)

The Mayor of La Union, Francisco Bernabé, has knowledge of the legal reports, required by him, issued by the Secretary General of the City and the legal services outside the local Consistory, which confirm the legality of their vote on the Amendment Spot 25 of the Planning Subsidiary Rules of the town, where his parents and his uncles are affected party.

The specific amendment 25 of the Urban Planning Subsidiary Regulations application refers only to two specific issues: the reclassification of some land for public use teaching to build on them the new College Alfonso X the Wise, and the extension of a green area adjacent to that space, which does not possess any type of building, and is done on lands designated as industrial land for development, with a building of 40%.

The report issued by the Secretary General of the Municipality of La Union, says: Having seen the background on the record Spot N. Modification

NNSS 25 of the Planning, it has knowledge of any material benefits or the Mayor, or their relatives, but just the reverse is a reduction in urban rights to pass land from taking an undeveloped urban land suitable for industrial use a general system of green areas, which could eventually be replaced by a compensation law would not benefit.

Therefore, this Department, understands that we are facing a situation of "institutional interest" and there is no reason for abstention on the record.

In the same vein, the external legal advice the City reports the following: Given the fact that the affected parcel, which hold title in joint ownership of the family of Mr Mayor-President above, suffers urban reclassification in which part of the same goes undeveloped land suitable for industrial land to the general system of green areas, is lacking in the modification of planning a benefit for those assets, and therefore no cause for abstention would attend one of those provided in Article 28 of Law 30/1992 of 26 November.

It should be noted further that the vote of Mayor-President, given the need for agreements aimed at planning changes, must be adopted by an absolute majority seeks, in the affirmative, an interest evident resulted in the need to build a new school, undiminished, also forecasts that green areas are planned for the area by the Subsidiary Rules of Planning.

For all these reasons, this lawyer does not consider that there are causes of abstention in the Mayor-President in the votes cast by the same and have been referred to in paragraph 3 of the background.

For his part, Francisco Bernabé, Mayor of La Union, has expressed "total peace of mind that my conduct has presided at all times, since, unlike what others did, I voted in favor of the general interest of the municipality with the so you can build the new school Alfonso X the Wise, which is absolutely necessary for the Union. "

Has continued adding that "besides, with my vote I have harmed the interests of my family, because this action involves the loss of their urban rights."

The Mayor has completed demanding "the resignation of the secretary general of the PSOE in La Union and spokesman for the Socialist City Hall, Mariano Oliver, and that his behavior despicable, mean and false, utterly unworthy of his position, has sought cast doubt on my honor and integrity, issues absolutely unacceptable for people who are honest. "

Source: Ayuntamiento de La Unión

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