Yet another victory in the Court for the Municipality of Milan on the affair of the building in via Isimbardi 31, Stadera area, affected by building abuses. There are 26 judicial pronouncements in six years. Now the first degree sentence of the criminal proceeding has arrived, in which the Municipality has appeared as a civil party, with the condemnation to the property to proceed with the demolition of the illicit works that still exist and to compensate the administration for damages, property and non-property.
The building, once used as a laboratory, had been transformed, through illicit interventions, into small apartments without the requisites of habitability, mainly rented to students, and had been enlarged with works that had compromised the use of underground parking. To stop the illegal activity, since 2015 the Municipality has issued nine measures – restoration and eviction orders and cancellation of building permits – systematically disregarded by the property. In the face of this, the administration in 2018 had exercised the replacement powers and started the demolition works of the illegal works.
However, these interventions had been suspended following a long series of appeals presented by the property, which were followed by as many as 26 pronouncements: fifteen by the TAR (of which four sentences all in favor of the Municipality, seven orders and four precautionary decrees), nine of the Council of State (a sentence in favor of the Municipality and eight precautionary measures), an order of the Civil Court and now a sentence of the Criminal Court.
Also appealed to the Court of Human Rights
The Council of State, in particular, in 2020 confirmed the ruling of the TAR, recognizing the legitimacy of the municipal provision with which the amnesty was refused. Against this ruling, the property has proposed a further appeal to the Council of State to request its revocation. Finally, the property appealed to the European Court of Human Rights to ask for Italy to be sentenced to pay damages and a series of complaints to the Public Prosecutor’s Office against some employees and representatives of the Municipality.
«Once again the correctness of the work of the Municipality has been demonstrated – declares the city planning councilor Pierfrancesco Maran -. I thank the lawyer, who for years has been committed with determination on several fronts with respect to this incredible story. Incredible because it is not permissible that it takes more than three years, appeals and sentences, to restore the legality of an abusive building, in the interest of the community. A reform at the national level is absolutely necessary to simplify a process that ends up discouraging public administrations from intervening and to protect individuals who commit irregularities beyond measure ».
The recent conviction of the Court of Milan, the twenty-sixth ruling on the matter, concerns having carried out building works in total discrepancy with respect to what is represented in the filed project, having destined the property to be leased for residential use instead of the expected productive use and for falsely certifying the conformity of the project, as well as the factual truthfulness of the places. The reasons will be filed within 90 days.