The owners of three condominiums in Borgo Santa Maria must return 137 thousand 376 euros to the Municipality of Pesaro. And there is no longer any room for negotiation on the count, given that the back and forth has lasted almost 40 years, including sentences, appeals, appeals, the Court of Cassation, endless appraisals and the death of some of the protagonists. Payment by around 40 families must take place within a month, perhaps less. The owners of the apartments accepted the agreement otherwise they would also have to pay the legal interest from 2003 to today, and this was not the case.
It is the story of the condominiums in the Peep area called Ippocastano I and II and the Vigneto, in via Monte Rosa in Borgo Santa Maria, on the hill. Shortly after construction, the owners saw deep cracks in the walls. The ground slides downhill. In 1987 the owners’ lawsuit began against the Municipality, which identified the area where the designer, the company and the works manager would build. In 1997, the first degree trial ended with the general condemnation of the Municipality and the others, establishing damages in favor of the owners of around half a billion lire (the Municipality alone paid 253 million lire to the tenants). But the Municipality appealed and at second instance, in 2003, he was acquitted with a strange formula. In practice, the municipal technicians, according to the judges, would not have been in a position to establish whether the land was suitable or not for the construction of the buildings. The convictions for the others were confirmed and the condominium owners involved were ordered to return the money received in the first instance from the Municipality. Which didn’t happen.
Since that moment, 21 years have passed, between lawsuits, other appraisals, deaths in the meantime of the convicted designer, engineer Pietro De Biagi, who professed himself innocent until the end given that the houses, despite there having also been an evacuation order in 2000 due to the Ippocastano I, due to the risk of collapse, they are all still inhabited. In the meantime, the family’s historic lawyer, Maurizio Della Costanza, also passed away, and the lawyer Mauro Mengucci took over in his place, alongside the lawyers Barbieri and Mariotti.
We read in the council resolution accepting the transition: “The municipal administration, in consideration of the very serious damages suffered by private parties following the design defects of the properties they owned, had decided to “desert” from proceeding with the recovery of the amount paid to the owners awaiting the overall settlement of the proceedings. The Stecconi Law Firm has always sent requests to the Condominiums on behalf of the Condominiums for the restitution of the amount unduly received by them to avoid the statute of limitations accruing. In 2017, the inadmissibility of the appeals were promoted and the dispute could be considered concluded. So after another 7 years everything was closed with the refund of 132 thousand euros without any additional charges.
ro.da.
