The Calabria TAR – First Section – in accepting an appeal presented by some citizens of Nardodipace, with the patronage of the lawyer Giuseppe Pitaro, annulled, with Monday’s ruling, n. 789, the resolution of the municipal council of Nardodipace, n. 21 of 13 June 2023 containing: “Approval of municipal regulation for the assignment and transfer of ownership of housing built in the municipal area of Nardodipace following the flood of December 1972 – January 1973” ; of resolution no. 27 of 18 August 2023 containing: “Approval of the three-year plan for real estate disposals and valorization 2023-2025 and annual list 2023”; of the determination of Service III n. 3 of 28 August 2023 containing: “Start of procedure for the assignment and transfer of ownership of the accommodation built in the inhabited centers of Ciano Capoluogo and Cassari in the Municipality of Nardodipace and following the flood events of 1972-73 referred to in the Regulation approved by resolution CC no. 21/2023. Approval of public notice for the submission of applications for housing assignment” and of any other prerequisite, connected, consequential, endoprocedural act, possibly unknown.
The appeal against the Municipality of Nardodipace, defended by the lawyer Sergio La Grotteria, was based on an “articulated legal basis”, shared by the Court, according to which the “three provisional segments” – the two resolutions and the managerial determination – issued by the Municipality , would have been adopted in a situation of “absolute incompetence” on the part of the municipal administration.
In fact, the Court completely accepted the thesis of the lawyer Giuseppe Pitaro and declared the entire administrative procedure illegitimate “as it was conducted in a lack of power due to the lack of attribution rule”.
The TAR also declared it illegitimate “…to have imposed […] the payment of the sum of €900.00 to obtain the definitive acquisition/assignment of ownership […] under penalty of losing the right to remain in the accommodation already assigned [perché ciò] is not reflected in the law….”.
Finally, the appellants thank “the lawyer Giuseppe Pitaro who sponsored the case, not only with his usual commitment and high professionalism, but with the passion and sensitivity that a matter that goes beyond the judicial fact deserved” .
