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| THE MUNICIPAL HIPPODROME HORSE TROTTING TRACK EXTENSION PLANS |
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| THE PLANS FOR THE HIPPODROME ? In 1976, David Cox and his English partner, built a large building for a business premises on a site near the Hippodrome belonging to Sr Martin Escudero Monjo, then owner of the " Gun Shop " in Mahon. Permission for the building was obtained and the structure erected at considerable cost. The lease of the land was for an initial 15 years and automatically renewable under the Law, therefore securing the investment. First refusal was the option of the tenants if Sr Escudero Monjo ever wanted to sell the land. The price of rustic land was low and the sale price would be in accordance to its title deed or " escritura " value. He could not legally revalue the land because the construction was not his. On the unfortunate early death due to cancer of David Cox´s partner, Sr Escudero initiated a number of actions claiming that David Cox was not his tenant and was " an unknown squatter ". His story was based on the fact that the tenancy agreement was extended to double the time and David Cox was not present at the signing which was done whilst he was away in the United Kingdom for laser eye surgery. In the event, he retained his original tenancy agreement of which there were three copies ( originals ), which Sr Escudero believed to have been destroyed when the agreement to extend the time was signed. Therefore, in Court, Sr Escudero confidently told the judge that he had never met David Cox and consequently had never entered into any agreement with him. The production of the original of the 15 year lease which included living accomodation, in the Court caused severe embarrassment to Sr Escudero and his lawyer and the case was dismissed. However, the Court took no action against Sr Escudero for obvious perjury and David Cox was ordered to pay costs of 70,000 ptas which was entirely unjust as the defendent was obviously the person telling the truth. Within a few months, Sr Escudero brought another case for eviction against David Cox, this time based on the expiry date of the lease, claiming that he would have to leave after the 15 years - because he wanted to sell the property to a third party. His obligation in Law to give David Cox first refusal was completely ignored by the judge and by his own solicitor, Jose Segui Diaz. In fact, no mention was made of this point. At this point it is interesting to note that Sr Segui Diaz was an active member of the right wing political party, the Partido Popular, and was hoping to be selected for the important post of President of Fomento of Tourism. One of the key figures who would be recommending his appointment was the Senator Martin Escudero - the landlord´s nephew. So, was David Cox to expect his solicitor to proactively fight to win the case against this family ? I think not. Mr Cox, however, was not aware of this connection at the time. David Cox, relying on his legal advisor, lost the second hearing with the same judge presiding and was sentenced to leave the building and hand over the keys to Sr Escudero with immediate effect and no compensation for the property or loss of business. He was also, once again, ordered to pay all legal costs.. Sr Segui Diaz then informed his client that in these " small local cases " there was no appeal and that David Cox had to accept the " sentence ". Some months later a letter was delivered to Mr Cox pushed under the door of the premises containing another judicial sentence passed in Palma de Mallorca. David Cox was totally unable to believe what he could read. Apart from already being out of time to answer this letter, as it had been held back by Sr Segui Diaz for some days, being originally delivered to him, it stated that the case had been sent for appeal by Sr Segui Diaz to the Court in Palma - which was a standard and necessary part of the Law governing the rights of the defendant, and because he did not inform his client or appear himself at the hearing, the case was automatically lost and the local decision upheld by default and a physical eviction ordered. This time there was apparently no right of appeal. In November 1996, a party of judicial officials arrived at the premises with a carpenter and representatives of Sr Escudero. The shop was full of goods at the time and the office complete with files, tools, computer etc. David Cox was not present, having been advised by his doctor to stay away or risk serious diabetic complications and maybe even heart trouble. No inventory was taken - a necessary and standard obligatory procedure in any eviction of any kind. The locks were changed by the carpenter and the keys handed to the representative of Sr Escudero. Subsequently, the entire stock of the shop was looted and taken away in lorries to unknown destinations. The office was ransacked and all the files and books burned in situ by an employee of Sr Escudero who made a statement to the police to that effect, but subsequently denied it. The following day, on learning that the Court had allowed all the stock and personal belongings in the shop to be stolen or destroyed, David Cox went to the police and made a denuncia. The transport firms who were ordered to remove the goods and furniture were asked to give deatils of the locations and of those persons who had paid their bills. Statements were made to the police by a number of drivers and individuals during the ensuing less than half-hearted enquiry. No items of any description were ever recovered and the denuncia was " filed " for " lack of evidence ". David Cox was never asked to identify anything found at any of the mentioned locations. The statements made by the witnesses to the police simply " went missing " when David Cox´s Barcelona lawyer placed an injunction on the case several months later and wanted access to the documentation. There was none to see. Eventually, after exhausting his funds, David Cox was forced to drop the matter, at least through solicitors, although he was still paying taxes on the property which was registered in Mahon in his name. He wrote to the Ombudsman in Madrid. The original planned immediate sale of the building fell through when the purchasers learned of the fraudulent manner in which the tenant was treated, and since then has remained empty. David Cox took the matter to the Defensor del Pueblo in Madrid who ruled that his Rights had been violated and he was entitled to a lawyer to reclaim his property. Needless to say, none of the lawyers in Menorca were prepared to take up his case. Now, new plans have been presented to the Consell Insular to extend the horse trotting track, and although not totally clear as yet, it seems that David Cox´s building will be encompassed in these plans. Does the Escudero family stand to benefit from the money mentioned in the above article when in reality it should be David Cox who receives compensation ? His opposition could indefinitely delay the extension. He has a new and excellent firm of external lawyers preparing his case. Rather than carry on a long legal battle, David Cox is prepared to concede his Rights on the condition that the building be given to the Ayuntamiento of Mahon and used as a social and activity centre for young people from all areas of Menorca. This actually constitutes a donation of around 400,000 Euros - the worth of the building, for the Public good. The Consell has already had notice of the idea and has issued Mr Cox with instructions as how to formally present the plan. The Consell and Ayuntamiento are also aware of the irregularities surrounding the eviction of 1996 and as a consequence, have never allowed the site to be used for any new activity. David Cox is hoping that his project will be implemented and that no profit will be made by the land-owners who so wrongfully acquired the building. www.menorcainfo.net welcomes your comments. |
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| ESPAÑOL Disculpanos por el breve atraso en la traduccion de esta pagina Estara pronto en linea CLIC AQUI PARA LEER CORREO MANDADO A ULTIMA HORA MENORCA EN ESPAÑOL EN RELACION CON ESTE TEMA |