Bosco Verticale on the Restera, the TAR sentence canceled: “Mts not damaged, unfounded appeal”

The Council of State clears the work of the archistar Stefano Boeri by eliminating the judicial process. The verdict does not even enter into the merits of heights and volumes

TREVISO. Mts was not entitled to resort to administrative justice against the Vertical Forest. The proximity to a property is not enough, it is necessary to demonstrate the economic damage suffered, the vulnerability suffered. And on the merits it cannot be shown to have received economic damage; on the contrary, the accounting reports of recent years show how the redevelopment of the old abandoned complex, which has become the very modern construction of the architect Stefano Boeri, has had positive repercussions not only on livability. of the neighborhood, but also on the heritage of the Mts itself.

Thus spoke the Council of State on Monday, with an appeal sentence that has the effects of a bomb, because it clears the Vertical Forest, freeing it from any judicial implications. Without ever entering into the merits of the heights, it cancels the decision of the Veneto Tar of December 2020 which had certified the non-congruence of the volumes with the dictates of the house plan. And it even eliminates the appeal against the alleged illegitimacy of the Scia with which construction had begun.

For the supreme body of the capital, the process of administrative justice did not even have to be born. A very heavy verdict, which fully accepts the appeals presented separately (but gathered in the council chamber on 14 October last) by the Municipality – with the lawyers of the Civic Advocacy, Antonello Coniglione and Giampaolo De Piazzi – and of Cazzaro Costruzioni di Trebaseleghe, defense by lawyers Umberto Saracco and Guido Sartorato. Mts, which had also filed a defect against the TAR ruling, was assisted by lawyers Roberta Cacco and Nicola Magaldi.

The Roman judges – Vito Poli president, Luca Lamberti, Francesco Gambato Spisani and Michele Pizzi, Alessandro Verrico rapporteur – examined the appeals, in particular that of Cazzaro against the ownership of Mts, real estate owned by Giuseppe Tedeschi who owns a property adjacent to the Woods.

No mention of the volumes and heights of the Vertical Forest, declared not congruous by the Venetian Tar. That sentence is canceled by the verdict of the Council of State: there is no longer any slope on the Bosco. Indeed, the Capitoline judges “certify not only the environmental redevelopment of the Wood and the related public works in return, but also define the invoice of the three buildings in the Wood as“ appreciable ”. When the TAR of the Veneto contested the legitimacy of the elevation of the wood of two floors and more.

It is easy to understand the satisfaction of Ca ‘Sugana – the verdict is a point of no return, also with respect to potential appeals – and even more so for Cazzaro Costruzioni. In the second instance, the line of non-ownership of Mts to appeal triumphed, an exception that the Venetian judges had not accepted. Not only that: the accounting documents that allowed Mts to win the case on the solvency of the same real estate filed in Forli by Cazzaro (with an appeal revoked by Mts in Bologna), have now backfired against Tedeschi’s srl.

Not surprisingly, Cazzaro has spread a triumphal note. «The sentence closes definitivelyente disputes over the legitimacy of the constructions of Viale IV Novembre “, he says,” To demonstrate that against us there were only unsubstantiated accusations. The sentence puts once and forever the word “end” to the disputes raised by Mts Immobiliare Srl to demonstrate the illegitimacy of “Ca ‘delle Alzaie” (the Vertical Forest ed), confirms the non-existence of the damage that the buildings built by Cazzaro Costruzioni would have caused to the buildings of Mts, complete with the denial of any depreciation. On the contrary, MTS would have benefited. The patience of those who are right has shown to the few who still had doubts what we have argued since the beginning of this story: against us only unfounded accusations ».Andrea Passerini