Olbia The State Council has definitively closed the dispute over the land on which the new Mc Donald’s in the industrial area. The judges have Trissolbia’s appeal by the Palau family was rejectedformer owner of Palmeraagainst the TAR ruling on the sale by the Cipnes Gallura of land to the hamburger giant. These are the lands on which Trissolbia Srl in liquidation should have, on the basis of a previous agreement in place of expropriation, created a building site intended for production activities. Things went differently and now, on those lands, sold by Cipnes to McDonald’s, the new McDrive.
Cipnes, noting the company’s inaction and the expiration of the building permit, had nevertheless proceeded with theexpropriation. Trissolbia, complaining about the illegitimacy of the contested provision, had requested a compensation for damages of 415 thousand euros. However, the TAR had said nothing. Due to the failure to fulfill the commitments undertaken, in fact, Trissolbia could not use the land or dispose of it privately, since not only was building activity precluded due to the forfeiture of the building permit, but there was not even the possibility of “removing” a portion of land in favor of a third party. The Council of State has now confirmed the decision of the administrative judges.
The disputed land extends for 27,555 square meters. Not just any compendium, given that the S’Arrasolu area, partly on the sea, it boasts considerable production potential within the industrial area of Olbia. A compendium where the Palmera, historic tuna factory which had experienced a profound crisis, with the start of layoffs and the subsequent sale of the brand. Faced with the failure of the company, however, the precious value of the land remained. So in 2008 Palmera exited the canned fish market and decided to undertake an industrial reconversion process in the Olbia area.
On 21 January 2010 Trissolbia, which became the owner of the complex following the incorporation of the Palmera Trading company, stipulated a deed with Cipnes in which it committed to creating a production site in the commercial sector on a portion of the area, within four years. or services and to start their operation.
However, due to the ongoing economic crisis, the prospects for industrial use did not materialize and consequently this project was also not implemented. In July 2014, Cipnes therefore ordered the “repurchase” of a large part of the compendium.
A first appeal to the TAR by Trissolbia was rejected, then a second was rejected by the TAR a few months later. The Palau family company claimed to have collected in 2013 “the availability of a primary company operating in the restaurant sector, McDonald’s, on the basis of which the procedure for the use of a portion of the 2000 square meter complex was initiated” . The proceeding, however, ended negatively, due to Cipnes’ refusal to allow a piecemeal use of the complex: the only solution instead was the unitary and global use of the entire surface area of 27 thousand square metres. The one that was later expropriated.
