Court annulled ruling that handed over vast properties in Barú to a native | THE UNIVERSAL



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The Barú land is perhaps one of the most coveted in the city. Its strategic location in the middle of a set of islands with crystal clear waters makes any businessman want to install a hotel megaproject and enhance the tourist destination.

In the midst of these wishes, the judicial authorities have made decisions that have put a brake on several projects. In 2008, the Superior Court of Cartagena resolved a dispute between the State and natives over a property known as ‘Los Pantamos’, by granting the property title to Lucía Alvarado Pacheco, a native of the island, who would have inherited the lands from her grandfather .

In addition, it ordered the Government and a business group to return the lands where it was planned to build a hotel megaproject that had the State as partners through Fonade (current National Promoter of Territorial Development Company); Valorem, from the Alejandro Santo Domingo group; and Inmobiliaria Barú, from the Gabriel Echavarría family.

The project proposed the construction of four 250-room hotels, 2,000 villas, and an 18-hole golf course.

Although the case was believed to be closed, recently the Civil Chamber of the Supreme Court of Justice reversed the decision and annulled the ruling of the Superior Court of Cartagena. In other words, it opened the door for a new project to be built as the process will have to start from scratch.

According to the new decision of the Civil Chamber, the 2008 ruling presented a series of irregularities that would have violated the rights to due process and the defense of the national Government and individuals, such as, for example, that several companies were not convened that Also interested in the process: Redes de Colombia SA, Primeother Ltda., and Primevaleuservice SAS

“The imposition of that sentence, then, violated the right to defense (one of the constitutive elements of due process), translated into the possibility of defendants to be heard in advance of the judicial determination of their rights and obligations,” he says failure.

Thus, the Court certified copies to the Office of the Attorney General of the Nation to open investigations to the magistrates who signed the initial ruling, to the judicial officials who participated in said procedure, and to the court secretary who did not publish the sentence so that in then it could be appealed.

“Please investigate the conduct of the parties and judicial officials who participated in the process, including the robed Alcides Mora and Edgar Serrato, who delivered the annulled ruling,” reads one of the sections.



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