City Hall appeals case vs. MetroState

By August 31, 2009Headlines, News

ALL THE WAY TO THE SUPREME COURT

THE DAGUPAN City government is not giving up its legal battle against MetroState Realty Corporation over the latter’s construction of a commercial complex at the former Magsaysay Market owned by the city.

City Legal Officer George Mejia, upon instruction from Mayor Alipio Fernandez Jr., has filed an appeal before the Supreme Court after the Court of Appeals, confirming a decision made by a Regional Trial Court (RTC), rejected the city’s appeal.

Fernandez said they are pursuing all the legal means possible but vowed to “abide by whatever the court will decide”.

The construction of the complex by MetroState was stopped soon after the administration of Fernandez took over the reins of the city in mid-2007.

City Engineer Virginia Rosario ordered a stop to the construction for lack of a building permit from the city hall.

CARTOONnews090830Rosario said her office could not issue the permit without the copy of the supposed city ordinance giving MetroState the lease contract for the site.

MetroState filed a case against Rosario and the Dagupan City government before the RTC in Dagupan, seeking to compel the respondents to issue a building permit.

RTC Judge Rolando Mislang decided in favor of MetroState.

The city ordinance in question, leasing the former Magsaysay Market site to MetroState at P100,000 per month, was supposedly passed by the city council between the period 2004-2007 when current City Administrator Alvin Fernandez was serving vice mayor and concurrently chairman of the council.

Rosario said she has repeatedly asked MetroState to present to her the ordinance but the company has failed to do.

Notwithstanding the court decisions, Rosario said she has yet to see a copy of the ordinance. — LM

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