On 24 August 2018, three residents of Planas del Rey go to the Investigating Court No. 4 in Reus to formally report a situation they believe they are experiencing in the development.
Two separate complaints are registered that day: the first in the names of Gérard Marais and Frédéric Zuccheretti, and the second in the name of Concepción Herranz Jiménez.
Both complaints are directed against the mayor of Pratdip and mainly concern water cuts, public lighting and various problems involving the maintenance or operation of infrastructure in Planas.
In simple terms: these documents establish that formal complaints were indeed filed with the court. They do not mean that the allegations were subsequently proven in court, that any offence was established or that a conviction followed.
A first complaint filed by Gérard Marais and Frédéric Zuccheretti
In their statement, Gérard Marais and Frédéric Zuccheretti say that they are acting respectively as president and member of the «Les Planes del Rei» Residents’ Association (SOS Planas).
They trace the difficulties back to the beginning of 2018, in the period following the end of the activities of the former Urban Development Conservation Entity.
Among other things, they report having experienced numerous water cuts and state that one period without a water supply lasted seventeen consecutive days. They also say they have a record of interruptions that occurred during July and August 2018.
Their complaint also refers to:
- very inadequate public lighting in several streets;
- the condition of the wastewater treatment plant, which they say is no longer operating properly;
- problems with waste collection;
- and the collapse, on 20 August 2018, of an electricity pole which, according to their statement, blocked the main road through the development for two days.
Gérard Marais and Frédéric Zuccheretti ask that residents of Planas receive the same services as other residents of the municipality, arguing that they too pay municipal taxes.
Allegations that remain those of the complainants
The complaint goes further by claiming that the difficulties experienced amount to “retaliation” by the mayor following earlier court decisions concerning Planas.
It is important here to distinguish between the contents of a complaint and a judicial finding.
This description reflects the interpretation presented by Gérard Marais and Frédéric Zuccheretti to the court. The document does not establish that the courts recognised the existence of retaliation.
The two complainants also state that they intend to seek compensation for the harm they believe they have suffered.
A second complaint filed by Concepción Herranz
On the same day, Concepción Herranz Jiménez, who identifies herself in the document as vice-president of the SOS Planas association, separately files another complaint against the mayor of Pratdip.
She also refers to the disputes that had existed for several years between some Planas residents and the Town Council, as well as to a number of earlier court decisions.
In her statement, she claims, among other things, that:
- some areas of the development have been without public lighting since the beginning of the year;
- residents are experiencing frequent water cuts;
- the wastewater treatment plant is, in her view, no longer being properly maintained and is close to saturation.
She considers that the Town Council is not providing the services she believes are necessary in Planas.
Concepción Herranz also states that she had previously attempted to file a complaint with the municipal police in Cambrils and had been advised to go directly to the court.
Like Gérard Marais and Frédéric Zuccheretti, she states that she intends to seek compensation for the alleged harm suffered.
A particularly tense situation in 2018
These legal steps come after several months of tension surrounding the situation in Planas del Rey.
At the beginning of the year, a major water crisis had already caused several days of supply disruption and prompted a mobilisation by a number of property owners.
In July 2016, the High Court of Justice of Catalonia had declared the dissolution of the EUCC, but that dissolution had not automatically resolved all the issues concerning ownership, the formal acceptance of infrastructure and the division of responsibilities between the Town Council and property owners.
During the spring and summer of 2018, disagreements concern in particular water management, public lighting, wastewater treatment, maintenance of the development and, more generally, what the municipality can or should do in Planas.
What does filing these complaints mean?
The documents preserved from the time make it possible to establish with certainty that the three residents appeared before the Reus court on 24 August 2018 and formally set out their complaints against the mayor of Pratdip.
They do not, however, establish that the allegations were subsequently upheld by a judge.
Filing a complaint means reporting facts that the complainant believes may justify judicial action. It is then for the judicial authorities to determine what action, if any, should follow.
Among the documents reproduced with this article, La Tribune de Planas does not have any subsequent judicial decision establishing what specific outcome followed these two complaints.
What should be remembered
On 24 August 2018, Gérard Marais, Frédéric Zuccheretti and Concepción Herranz file two separate complaints with Investigating Court No. 4 in Reus.
They raise concerns about the municipal handling of several problems affecting Planas del Rey, particularly water cuts, public lighting, wastewater treatment and the maintenance of certain infrastructure.
These documents provide an important record of the sharp deterioration in relations between some Planas residents and Pratdip Town Council during the summer of 2018.
They must, however, be read for what they are: statements and allegations made by the complainants, not a court judgment establishing liability on the part of the mayor or the Town Council.
Jim – La Tribune de Planas
Documents
Complaint filed by Gérard Marais and Frédéric Zuccheretti – 24 August 2018
Complaint filed by Concepción Herranz Jiménez – 24 August 2018
