Finally, after several postponements, on Thursday last week the allegations of the Regional Government of the Biobío, Marina Sol and Boldt-Peralada, before the Court of Appeals decides whether to grant the appeal for protection filed by the Spanish consortium step is performed -argentino against the decision of 25 November 2015 the Regional Council of the area that left for the third time, unscored, for the current operator of casino Talcahuano, thus signing Nicolas Imschenetsky is the first option to win the casino project in the city of Chillan.
With half an hour for each, the lawyers did see their arguments, but this time, unlike the two writs of protection Boldt first won by the Supreme Court and then the Court of APPEALS- the merits of the dispute was discussed.
In the decision of the Regional Council (Core) on behalf of the Regional Government, the project location Boldt was questioned for being just over 200 meters from the Pedro de Valdivia University, which, in the opinion of 25 November, counteracts the Regional Development Strategy (EDR) (2007-2015) in force between 2007 and 2015, where it arises promote healthy lifestyles.
In the debate, Gore’s lawyer ignored the relevance of psychological reports in the previous judicial dispute and referred to in the report of the subcommittee that recommended not vote Boldt.
Is that Boldt questioned in its application, and the previous process, the quality of reports, including a thesis of a student of psychology at the University of Guatemala on pathological gambling in young people, as a study by the University of Murcia.
Far from defending such work or relevance, Christián channels under them profile their relevance. “That whether or not there studies to support or not, does not detract from the questions legitimately raised the Core as an organ that materializes citizen participation,” he said.
He added that the Core report is not based on such studies and, therefore, the body never could “be subject to a decision reports psychology.” “These reports have never been the argumentative core Core”. He even described this work as “absolutely dispensable” and “lack of legal capacity” to support the process.
Along with this, he explained the contradiction denounced by Boldt in that, when the draft Casino Marina del Sol in Talcahuano was approved in 2006, it incorporated a school and also stood 700 meters of a technical training center, exist at the time the same guidelines referred to this time.
Channel response on the point was deeply political, but not legal. “We are not in 2006, we are in 2015. They were other counselors, another mayor, another government … as a result of the experience that accumulates through the processes of regional councils are evolving in the understanding of the situations that are under their consideration, “argued the lawyer.
Background explanation, according Canales, it lies in the differences in distances and with time counselors have been moving towards greater demand. “After the rationale for the Core it underlies an idea … with this activity, that is legal and legitimate fact remains that presupposes potential risks, that implies greater rigor with which it has acted Core” went deep, and then add that ” a circumstance thought 800 meters was no problem “and that in the case of draft Boldt” closeness is too much “.
However, the professional defended the performance of the Core, indicating that the level of closeness project with the university “creates an absolutely unnecessary facilitation” to enter the game and that explains the Core “has put much detail and attention.”
Channels delved into examples of laws that put limits on the distance that may exist between stores selling alcoholic beverages (which prohibits less than 200 meters from nearby educational centers) and snuff (100 meters). Therefore, it considered that the resolution can not be described as whimsical, as has accused Boldt.
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