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Judge Rules Against Rodenas Complaint

Posted by Dobie on September 20, 2011, 8:21 pm

This was in today's Occidental, a daily Guadalajara newspaper.


Rodenas: punto en contra en caso Tenacatita

El Occidental

19 de septiembre de 2011

To read the article in Spanish:

Here's the Google translation - rough but hopefully you get the idea. This is good news for us! dobie

La Huerta, Jalisco .- A new chapter in the legal struggle Tenacatita Beach, municipality of La Huerta was written on September 2 this year when the First District Court in Administrative Matters and Working in the State of Jalisco, Joel Fernando Jimenez Tinajero ruled against the company in its complaint Rodenas repeat the act in question in the 1569/1972 trial guarantees.

On May 19 this year, Jose Maria Andres Villalobos, in his capacity as legal representative of Inmobiliaria SA de CV Rodenas Repetition filed a complaint Act claims, which the judge ruled unfounded, because the acts alleged by the complainant did not incur the same violations and reasons why, at the time, in 1972 was granted protection in this matter.

Back then it was Mrs. Gonzalez Paz Gortázar Gallo, who requested the injunction in its capacity as general empowered judiciary and to lawsuits and collection of Industrial Finance Corporation of Jalisco, to combat the improper execution of a presidential order through which gave the town of Overflow Apazulco an area of ​​pasture.

The plaintiff argued, then, that the presidential decision affecting his property known as "Tenacatita Divisadero" because the land appeared in the background by which to enforce the decision would be president. It turned out that the property, now fight Rodenas, was never affected.

"The figure of repetition of the act in question requires that the acts charged as such are identical in violation of guarantees involving those who were challenged in court for protection, so as to be clearly warned that they are relying on the same assumptions and motives that the district judge took into consideration for granting constitutional protection to the complaining party, because otherwise, ie if the acts complained of do not reproduce the basic characteristics of defendants, should be considered as acts different, susceptible, appropriate, be challenged under a new trial "and defined by case law to this case.

It should be noted that since August 2010 were evicted farmers, fishermen and service providers from the beach of Tenacatita and seized Rodenas beach road to the site.

The company fenced with wire and keeps Mayan private security for anyone to enter without permission from the guards. The company ensures that belong to about 42 hectares, but the displaced say they seized more than doubled.

Those who argue the case against Andres Villalobos believe that the decision of Judge Jimenez Tinajero gives basis to continue on the legal and civil pressure from the exercise last year and that not infrequently has turned into violence.


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