Justice ruled in favor of the Municipality of Rocha and rejected one precautionary request to open the Alma bowling alleyconfirmed to The Observer the mayor of Rocha, Alejo Umpiérrez.
This It was the last attempt of the bowling alley to try to open even for a few days in the summer of 2023and now the organizers will seek that the mayor pay through an execution process for the losses of the closing, which amount to more than US$ 500 thousand, declared the local lawyer, Renzo Gatto.
Judge María Basan rejected Alma’s last request for opening, understanding that “what is actually requested by the executing party is the forced execution of the final judgment itself”which is still “in process”, according to the resolution to which it agreed The Observer.
The case will now continue in the Supreme Court of Justice, since Alma’s defense presented a appeal of unconstitutionality on the decree of the Municipality of Rocha that prevents the dance from being held at its location from last yearand that the club denounces that is the same as the standard that the Court of Appeals requested to be repealedagreeing with Alma.
The case
The latest judicial decision comes after a dispute of several months because of the location that the dance venue was going to have in the spa of The stone.
For the summer of 2022, the commune enabled Alma to be located on the roundabout at the entrance to the Rochense spa on Route 10, but after receive complaints from the neighbors it was decided to move the dance to Route 15between routes 9 and 10several kilometers from La Pedrera.
However, the organizers of the ball announced that they would ignore that decision and appealed to a court, which them He agreed for the first time at the end of October of this year.
The Intendancy repealed the decree with which he removed Alma from La Pedrera in October, but in November the Departmental Board approved another practically the same.
On the other hand, the organizers of the dance They organized a party for November 26with the aim of measuring the reaction of the mayor, who finally intimidated the local.
At that intimation, Alma started an execution process for the departmental government to comply with what was requested by the Court of Appeals.
December 30th Alma announced that it would not open its doors from December 31, 2022 to January 3 of this year for lack of guarantees, after the Court of Chuy Do not agree with the owners of the premises waiting for the Municipality of Rocha to respond to the summons, and after the Ministry of the Interior Communicate your support to the community.
According to the mayor Umpiérrez, the decision was due to the fact that from Alma “They did not request (nor do they therefore have) commercial authorization (or firefighters) to openBesides that must abide by a decree of the Board that has authorized areas”. The hierarch affirmed that the TAC sentence indicates that “the mayor cannot limit activities by his own resolution but by decree of the Departmental Board”so he understands that the decree issued after the Court’s ruling is legal.
In any case, the execution order is still ongoing, and with it the bowling alley seeks that Rocha pay a “daily fine” for the days that he could not open in La Pedreraexplained Gatto, who understands that the organizers they had losses of over half a million dollars “to start with.”
The organizers have already sent an email to ticket buyers to begin the process of returning your moneya process that is carried out through the RedTickets website.
