“Recurso de amparo” stops the construction of Playa Langosta’s road

The main page of The Tamarindo News previous issue was illustrated with a historic photo: Jorge Chavarria, Mayor of Santa Cruz, two community managers, Jean Schittkette and Mark Schneider, Roger Bravo, attorney for the Municipality of Santa Cruz and Pedro Castro, Vice Minister of Public Works and Transport (MOPT) signing the contract to finally pave the road to Playa Langosta. However, days have passed and there has not been any movement.
The Tamarindo News inquired about the reasons of such delay and this is the information we got. "Everything is ready; the materials have been purchased," confirmed Julio Viales Padilla, Regional Director of the Macro Region of Guanacaste. "The Committee of Tamarindo and the owner of the pit (Tamarindo Diriá) were granted with the permits to remove the material and make the sewerage works. However, a recurso de amparo (complaint based on violation of constitutional rights when such rights cannot be promptly protected by other procedural means) led to the expiration of the permit granted for the pit’s exploitation. The engineer Diego Rodriguez, Director of Works of the Municipality of Santa Cruz added, "In fact, last year, we extracted some material from the pit for the sub-base. The problem is that, due process to re-apply for MIRENEM’s permits may take 4 months to 2 years. Some time ago, these permits were granted more easily, but an appeal to the Sala IV held the procedure back.
Two hours after giving this statement, there was a meeting with the officials of the Municipality and the Ministry of Public Works and Transport in order to define the situation. Jorge Viales reported that some questions were raised. Some of them were, "Is there a plan B in case of failing to achieve the permit? Drainage tubes will be placed next week, and we will meet within 7 days to know the result of the efforts being made." One of the most pressing concerns of MOPT’s Regional Chief is that: "For several days, we have stored 5000 bags of cement, which is a perishable material, and if the works have not started within the next three weeks, we do not know what we are going to do. The Mayor is authorized to use a mechanism called “of emergency”, to get the permission. However, Diego Rodriguez believes that the appeals, filed by who-knows-who, obviate as well this option to address emergency cases.
The Tamarindo News contacted the Mayor of Santa Cruz, Jorge Chavarría, on his mobile and said, "We will get in contact with MINAET to see how to speed up the situation, so that the investment is not lost.” As for whether to use the emergency appeal or not, the Mayor said, "We are consulting with an attorney, to see if we can actually proceed."
Jean, a member of the Commission, responded to some questions that The Tamarindo News sent him via email: 1 – When did you realize that the permits to take the material out were expired? “We requested an extension in December, when the concrete donated by MOPT was made effective. However, someone filed an “amparo” that prevents us from extending the permit. It is an appeal against the law and not only against Langosta’s project. I understand that there were other 5 concessions that have been denied, besides Diriá’s. We ran some lab tests in the months of October and November, to determine if the mix was appropriate for stabilizing the base of the street (the cost was paid by the investors). We lasted almost 3 months between the report process and the visit done by a geologist from the Office of Mines. 2 – Will the Municipality finish the canalization works on time? "The municipality will place the tubes where they are supposed to go. It's a matter of days" (that information came out from the meeting referred to above), said Viales, from MOPT.
Jean, from the Investment Commission, concluded: "The issuance of the permit is the responsibility of the municipality; however, much of the proceedings were conducted with the support of the group of investors. The Vice-Minister of MOPT, Pedro Castro is helping us to do this work.
At press time, there were no signs of "white smoke," yet. Hopefully, by the time this report is been read by nationals and foreigners, a hive of workers have already flooded the streets of Playa Langosta, the Investment Commission can breathe fearlessly again and residents can travel with dignity to their homes.

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