The entity Golf El Salobre, an Economic Interest Group, filed an appeal that has been upheld by the court. The ruling orders the Cabildo to pay costs and allows for a cassation appeal to the relevant chamber, exclusively if there is a case of objective casational interest.
As in previous judgments, the judicial decision states that it is unacceptable for the PIO's revision to be aimed at complying with a law that was repealed five years before its final approval. This, according to the court, condemns the planning to immediate revision upon approval to align it with current legislation, in this case, the Land Law.
Golf El Salobre's appeal stemmed from its opposition to the graphic and written determinations of the PIO concerning the implementation, location, delimitation, and regularization within the Salobre Golf Urbanization, specifically regarding the boundaries of the two existing golf courses on these lands in San Bartolomé de Tirajana.
“"The ruling against the PIO is unjust, erroneous, disproportionate, and superficial."
Following the previous rulings, which are not yet final and keep the PIO in effect, the Cabildo announced its intention to file a cassation appeal with the Supreme Court to defend the plan's legality. President Antonio Morales described the first ruling as "unjust, erroneous, disproportionate, and superficial," and stated they would defend the Insular Plan at all levels, even exploring European legal avenues if necessary.
Since the revised PIO came into effect in January 2023, a total of 21 appeals have been filed with the TSJC. Of these, seven requested the plan's annulment, and four of those have already resulted in judgments favorable to the appellants and contrary to the Cabildo's arguments.
