PERMANENT SUSPENSION OF WORKS AT THE MALECON TAJAMAR

Permanent suspension of works at the Malecon TAJAMAR AMPARO TO RESOLVE IN CANCUN. QUINTANA ROO

Posted on February 3, 2016 in Cancun

CANCUN, MX.- Advocates mangrove Tajamar obtained this morning a major victory after the second district judge in Quintana Roo, Gerardo Vázquez Morales, gave the definitive suspension against slashing, clearing, filling and related works construction on the boardwalk.

With this injunction all jobs in that place stop, until the judge Vazquez Morales resolved thoroughly under file number 086/2016, promoted by the citizen Silvia Fuentes Calleja against the National Fund for Tourism Development (FONATUR ) and the city of Benito Juarez (Cancun).

"(Suspension) represents a hope that there is an authority that is beginning to work in this country and that is gaining credibility, judges are defending the citizens," said Araceli Dominguez Political Animal, official spokesperson of the movement for Tajamar salvation.

"We won a big battle, as the court suspended the destruction until the amparo judgment is issued, so the process continues," the group Save Mangrove Tajamar on his Facebook page.

Dominguez explained that there are at least 14 injunctions brought by citizens, including 113 children and a child under 10 months, which is represented by his mother. These will be resolved in the coming days.

Fonatur can still challenge the judge's decision, and if so, would be a collegiate court which would give a final ruling on the case. "The possibility of the suspension is very large," said the spokeswoman.

If the judge ultimately resolved in favor of the activists, Tajamar has hope to regenerate.

Dominguez explained that there are several biologists who have volunteered to work in the mangrove reforestation, which would take about three years.




EXPAND CLAIMS AGAINST FONATUR, SEMARNAT and PROFEPA

After confirming Wednesday that the Second District Court, based in Cancun, gave them the definitive suspension of works in "Malecón Tajamar" while the respective amparo is resolved, the legal and public defense announced it will expand demands against the National Fund for Tourism Development (FONATUR), the Secretariat of Environment and Natural Resources (SEMARNAT) and the Federal Attorney for Environmental Protection (PROFEPA).

With the decision in hand, the lawyer Isabel González Glennie explained that the definitive suspension granted by the Second District Court and published today in Court, becomes effective for that "things are kept in the state currently stored, ie that suspend any action that causes the execution of removal of any vegetation, as well as filled with stone material "in Malecón Tajamar.

The measure, advanced last night by one of the lawyers who see the case-Francisco Villarreal, states that the withdrawal be completed by greenery and filling, "the beginning of various activities related to civil works be suspended" until it is handed judgment on the amparo 086/2016.

"There is much optimism about the case, especially in regard to the Collegiate Courts. Regardless, we will expand demands for new acts, such as the violation of environmental impact authorization for non-compliance of the conditions.

"These include wildlife rescue was not done or not completed; FONATUR exceeded what was authorized it, and the failure to remove surfaces; there are lots to be dismounted and are owned by the municipality, ie are public, "forward González Glennie.

public interest over private interest

The trial, who along with other attorneys follow up the case, recalled that FONATUR promoted a complaint against the provisional suspension Second Judge originally granted.

Fonatur citizen alleged that promoted the request for defense lacked "legitimate interest" which acts claimed -the removal and filling vegetation- were "fait accompli" and requested that the judge It is fixed a sum of money payable by the petitioner as security for damages to third parties.

"The complaint was declared unfounded, as all allegations by the First Collegiate Court, which found that no legitimate interest as it is a subject that affects or benefits the community; that while the clearing was done, it was not finished and would continue, resulting in civil works likely would impact irreversibly and could not be fixed a security to be at stake a constitutional right, namely enjoy a healthy environment, "he said.

In connection with the incident 86/2016 promoted by Silvia Fuentes Calleja stressed that the judge decided not to ask for guarantees for the definitive suspension, apparently, based on the reasoning that issued the Third Collegiate Court of the Twenty-Seventh Circuit, which he defined as improper condition bail the injunction.

Last, to address a complaint from the partial refusal of the Fifth District Court on the injunction request filed by Francisco Villarreal 51/2016 Escobedo, Wednesday full of three judges ruled that bail not be referred to in Article 132 Amparo Act.

Leaders of environmental groups that guard the entrances to the boardwalk Tajamar had expressed fears that the Second District Court set a guarantee to confirm the definitive suspension, as did the Fourth District Court, which set nearly 22 million pesos 113 children who applied under the law into their right to a healthy environment.

The children did not cover the guarantee within the deadline set by the judge, so he lifted the provisional suspension and that allowed the income-the morning of 16 last January of bulldozers and dump trucks Tajamar the pier, with grenadier support.

Hours before the notified last night by Judge Gerardo Vázquez opinion, Fonatur suffered another setback by the First Collegiate Court of the Twenty Seventh Circuit, in its attempt to continue the infrastructure in Tajamar.

The regional delegate of tourist Maintenance agency, Luis Fernández Cervantes Mondragon, had filed a motion to rescind the provisional suspension of works, issued by the Second District Judge.

However, the three judges of the First Court deemed "unfounded" the appeal for FONATUR.

By unanimous vote of the judges Adriana Barrera Maria Barranco, Florinda Lopez Hernandez and Gonzalo Durán Molina Eolo, determined to validate the injunction that halted for two weeks every activity in the area.

organized community

González Glennie held that the legal battle that has given citizenship to defend Cancun "Malecón Tajamar" comments thrown overboard trying to discredit the organization and the people on the subject.

"Some have said that our allegations do not correspond to reality. With this we demonstrate that in addition to people wielding a banner that reads 'Save the Mangrove' and did not know before what was the mangrove know now behind them are many professionals, lawyers, biologists, specialized people, we are making sense legal and technical support to these banners.

"I think the federal authorities this level of organization and professionalism is not expected. We are mothers and fathers taking the fight, yes, and between mothers and parents, there are many professionals putting our knowledge and time to community service, perhaps for the first time. I think this is teaching us all (sic), "he said.

The final suspension will last until the entire file is integrated and the hearing is set for judgment on the appeal, which is expected leave exceeded eight next February, date of expiry of the term of the environmental impact authorization and change land use on forest land that SEMARNAT issued the FONATUR.