Jean-Paul Carrolaggi seized administrative justice on Monday. He requests the cancellation of the deliberations of the municipal council relating to the sale of land to the Amhan brothers. Main reasons invoked: the non-constructible nature of the plot and the underestimation of the sale price
It is a new episode which opens in the judicial series of Amhan villas, at Ajaccio. The opposition municipal councilor of the Aiacciu pà tutti group, Jean-Paul Carrolaggi, went to the Bastia administrative court yesterday morning, through his council Me Benoist Busson, to request the cancellation of two deliberations taken in municipal council on March 8.
These concerned the cession of communal private land to the brothers Damien and Michel Amhan, in order to regularize the illegal occupation caused by the overtaking of their villas on the now famous plot CP n ° 134, located in Vignola, on the route des Bloodthirsty.
As a reminder, in September 2018, the correctional chamber of the Bastia Court of Appeal had recognized Michel and Damien Amhan guilty of violations of the town planning code. She also sentenced the two men to a fine of 60,000 euros and repair work within twelve months. Their cassation appeal was dismissed in April 2019.
For Jean-Paul Carrolaggi, “The municipality has been wronged” by this operation because “The sale price has been undervalued”. “We cannot regularize what is illegal”, he also proclaims, evoking “A bad signal: you can cheat, we will regularize”, he denounces. Asked, the town hall simply recalls that “As mentioned in the municipal council, it is [le recours administratif] a provision offered to all citizens. It is now up to the courts to rule and the city will comply ”.
Undervalued land?
In his introductory brief, lawyer Me Busson asks the court to quash the deliberations, to order “The municipality to initiate the amicable resolution procedure of the sale”, as well as to pronounce the restoration of the premises. For the lawyer specializing in town planning law, the reasons invoked during the deliberations do not evoke the unbuildable nature of the land subject to regularization. “It feels like it’s just a matter of encroachment. This is not the subject! This plot is classified in non-building zone », comments Me Busson.
The 2019 Local Urban Plan (PLU) classifies plot CP No. 134 in zone NR (remarkable natural) and classified wooded area. It is also subject to special protection at the Padduc level. “This encroachment cannot be regularized with regard to the rules of town planning law; this is also why the repressive jurisdiction ordered the demolition of this part of the construction ”, estimates the exponent.
Another point raised: a “Underestimation of value” land ceded to the owners of the villas. According to the deliberations in question, the sale prices of the land amounted to 195,056 euros for Damien Amhan and 67,744 euros for Michel Amhan respectively. However, according to the exhibitor, these prices are much lower than those on the market. Comparing the sale price, € 292 / m² to those of other disposals in the sector (between € 471 and € 661 / m²), the exhibitor deducted “A manifest error of assessment”.
On the side of the municipality, we recall that an estimate was provided by France Domaine, to which it is moreover alluded in the deliberations of last March. However, the town hall had not attached the estimates to the deliberations and, to date, no figures have been communicated. The municipality nevertheless ensures that they are available to the requesting municipal councilors. However, we had not been able to obtain them at the time of publishing these pages.
For the applicants, this lack of communication stems from a lack of information from municipal councilors and therefore from a procedural flaw. The introductory brief points to other gaps in the information provided to the municipal council, in particular “The content of court decisions” intervened in this case and the “PLU classification of the transferred plot”.
“A political coup”
“It is still embarrassing that a municipality, having to enforce its PLU, wants to regularize this situation. The question is: why does the mayor want to give the Amhan brothers a flower? I find it hard to imagine that Ms. Ottavy (deputy delegate for town planning, editor’s note) does not know the town planning rules in this sector ”, asks Me Benoist Busson.
On the merits, the lawyer for the Amhan brothers, Me Stéphane Recchi, disputes the analyzes made by the applicant. The latter ensures that the regularizations are made possible by a provision of the Alur law. He denounces “A fierce attack against the Amhan brothers, who bought land transparently, unlike what happened in Capo di Feno”.
Me Stéphane Recchi refers to the many houses built in this area since the 1970s, in disregard of town planning rules, which have been the subject of condemnations and for which the various municipalities have never demanded the restoration of the premises.
Beyond this comparison, Me Stéphane Recchi denounces “A policy of the scapegoat” and a procedure aimed, according to him, “Two Syrians arrived in Corsica”. What defends himself Jean-Paul Carrolaggi. Me Stéphane Recchi also castigates “A political coup against the incumbent mayor who leads a transparent and courageous policy”. Asked, the town hall did not wish to react on this subject. The appeal to the administrative justice takes place a few days before the end of the legal period of two months. Jean-Paul Carrolaggi denies any political opportunism, a few weeks before the territorial elections. ” This has nothing to do with “, he disputes, assuring to have had ” a lot of work “.
On the form, Me Recchi is surprised by the choice of Jean-Paul Carrolaggi to enlist the services of Mr.e Benoist Busson, also a lawyer for the U Levante association. “It seems extraordinary to me that an early nationalist like Jean-Paul Carrolaggi goes looking for a lawyer on Boulevard Saint-Germain”, he declares, arguing for the number of island lawyers who could, according to him, have defended this case. A reasoning swept away by the municipal councilor, according to which the recourse to Mr.e Busson was suggested to him by an Ajaccian lawyer. Administrative justice should not rule for several months. The “Villas Amhan” soap opera is still far from over.
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