The project was rejected and opened the political crisis between the mayor and the majority. Letter to the Municipality from the owner of the area: the request for damages is announced
SAN GIORGIO DI NOGARO. The case of variant 48 in San Giorgio di Nogaro passes to the lawyers. After the political friction in the majority, with the variant rejected in Consilgio and the mayor Roberto Mattiussi finished in the minority, the letter of formal notice and formal notice by the Com.Im Commerciale Immobiliare srl of Spilimbergo, owner of the area subject to the variant, arrives . The Municipality then appointed the lawyer Giovanni Sbisà of the Trieste bar, for «assistance and legal advice in preparation for a defense activity in a judicial proceeding».
Variant 48 was supposed to transform an artisanal area on the Sp80 into a commercial one and a second area, about 500 meters away, from a commercial into an artisanal one. A supermarket, already present about 800 meters on the same road, should have been transferred to the area to expand the distribution area. On this point in the city council of February 24 the majority was split: the councilors of the list “Responsible change”, the deputy mayor Enzo Bertoldi, the councilor for the budget, Roberta Sartori, and the group leader Maurizio Pessina, voted against. Their vote, together with the opposition vote against, put the group of “Mattiussi mayor” in the minority, rejecting the variant. All this after the adoption and publication of the changes to the intended use of the area that had not produced any comments or objections in the 60 days available.
With a letter dated 8 March, the Ponti & Partners firm of Udine explains how Com.Im Commerciale Immobiliare srl had followed all the procedures imposed, highlights that the decision taken was illegitimate and suggests that the legal action against the municipal and of the majority councilors responsible for the rejection, is around the corner. “That the reason for the vote against the variant – the letter reads – is attributable to internal disagreements in the majority that administers the Municipality of San Giorgio di Nogaro, does not in any way constitute a justification for the provision under discussion, which is and remains illegitimate from the point of view of administrative law, and as such exposes the administration to actions to protect the rights and interests of the subjects involved, in the competent offices “. The letter also shows the broadest willingness to have a collective meeting to further illustrate the project, but the immediate “cancellation of the unmotivated and perplexed provision represented by the resolution of 24 February which is in contrast with all previous resolutions” . Finally, in the letter it is noted that if the administration fails to withdraw the resolution of the municipal council, “we will act without any further notice in the competent offices, both with a request for cancellation of the deed and with a request for compensation for the damages suffered and that to suffer both towards the entity and the administrators who will be held personally liable “.
The mayor Mattiussi commented dryly: “In the face of this situation we have appointed the lawyer Sbisà for advice and to protect ourselves”.