A vueltas con la imposibilidad de ejecutar una sentencia en materia urbanísticael reciente caso de la Ciudad de la Luz. Comentario a la STS de 28 de octubre de 2016 (RJ 2016, 5720)

Abstract

The Supreme Court has annulled a judgment of the Superior Court of Justice of Valencia concerning the project of the City of Light. The High Court of Justice of Valencia considered that in some cases there was a physical and legal impossibility to execute the sentence that declared the said project illegal. The Supreme Court, however, does not appreciate a legal impossibility –which would only occur when the title is held by third parties in good faith– for the restitution of parcels that have undergone modifications in order to their classification or urbanistic qualification, since the new and current classification or qualification would have been made whatever was its proprietary proprietor, nor with respect to parcels with legally constructed buildings that were demolished as a result of the expropriation and whose restitution «in natura», independently and in the margin of the compensation paid in due time for the cessation of business, is possible materially