Time’s up for Parking Cavour Salerno. Or rather, stop the countdown to “return” the area in front of Palazzo Sant’Agostino still cordoned off and occupied by the construction site for the construction of the garages which ended up in the dock and in a long legal dispute where the protagonists are the company itself and the Municipality of Salerno. After the ruling of the Regional Administrative Court (on the appeal presented by Pcs) which ruled in favor of theinstitution in via Roma, yesterday was the day of the famous “inspection” to be carried out to understand the state of the places and start a sort of inventory regarding the equipment present in the area which will have to be freed and returned to the citizens. The sole person responsible for the procedure from the urban planning sector led by thecouncilor Dario Loffredo with the managers and the municipal police as per practice. A practice which would also have required the presence of the company which remains the owner of the construction site and not of the area but which on the contrary had its absence recorded in the register on a crucial day precisely for what will be the subsequent actions undertaken by the two parties. There could now be multiple scenarios. There Parking Cavour could continue to take the legal route. While on the one hand the TAR’s first-instance ruling should be immediately enforceable, on the other the company’s lawyers could appeal by submitting a request for suspension of the enforceability of the first-instance ruling. The fact is that – to date – from the city palace they could (indeed, have) full right to reacquire the area halfway between the seafront and the Provincial Palace and initiate all actions to reopen the two side streets, restoring traffic after years of hardships and obstacles. Return operation on which councilor Loffredo has made a strong commitment and which will probably fall next week – in a real team effort – among the burdens of mobility sector by Rocco Galdi.
THE LAWSUIT
With the sentence made public a week ago, the administrative court had not fully decided but had passed the ball to the ordinary court. But on the resolution of the city hall he had agreed with the body while as regards the injunction (requested by the Pcs as compensation for damages for the stoppage of the works and for the incomplete acquisition of the area) which already hangs on the municipal coffers, he underlined that it will be up to an ordinary judge and tribunal to decide. Right from Guerra palace the satisfaction was “half” for the decision and for the part of an initial legal outcome that had gone in favor of the municipal administration led by Vincenzo Napoli but which will see the other aspects played out elsewhere. An “unfounded” appeal according to the administrative judges also because in a nutshell both competitors (the Parking Cavour company and the Municipality) had declared the agreement on the finance project terminated.
According to the TAR – in fact – the former would not have been able to protect herself while waiting to be compensated for the over 3 million requested (on which a possible sentence in the civil court will then decide) by keeping a public asset for herself as a private individual. In the appeal presented by Pcs, the path that led to the disagreement was described step by step. On the one hand the shortcomings on the part of the Municipality (especially the one regarding the non-full ownership of the area, where the RFI tracks still exist) on the other the reasons of the body regarding the long timescales for the realization of the project which led to the ban on the area for years. Hence the request to Pcs to vacate the construction site within 10 days of receiving the document certifying the stop to the works. For this reason the area – since yesterday – seems to be once again in the hands of the institution despite the absence of the company which was nevertheless consulted and which was also asked to explain the absence.
