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Necochea casino auction remains suspended after court decision

A court upheld the suspension of the Necochea casino auction and invalidated a zoning change tied to the redevelopment plan.

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Necochea casino auction remains suspended after court decision
Key Points
A Necochea court upheld an injunction suspending the planned auction of the city’s Casino Complex
A separate ruling invalidated a zoning ordinance that enabled the municipality’s redevelopment plan

A court in Necochea, Argentina, upheld a court order blocking the auction of the Casino Complex, creating new obstacles to the redevelopment plan promoted by Mayor Arturo Rojas.

The Contentious Administrative Court of Necochea, presided over by Judge Carlos Alberto Herrera, rejected a motion filed by the municipality seeking to overturn the precautionary measure issued on February 6 that had halted the scheduled auction of the casino complex.

The court determined that the municipality’s arguments did not provide sufficient grounds to modify or revoke the judicial order. The case will now move to the Contentious Administrative Chamber of Mar del Plata, which will issue the final ruling while the auction remains suspended.

The decision follows another judicial setback for the municipality. On February 25, Criminal Court No. 1 of Necochea declared Article 7 of Municipal Ordinance 10.239/20 invalid, removing a key legal pillar supporting the redevelopment plan for the casino property.

The ordinance had expanded permitted land uses at the site to include hotels, residential buildings, offices and cultural spaces, forming the basis for a broader urban development proposal.

Judges Luciana Irigoyen Testa, Nicolás Lamberti and Alejandra Manis ruled that the measure violated provincial planning requirements, noting that the zoning change had never received approval from the Buenos Aires provincial government.

The court also cited the absence of environmental impact studies and infrastructure feasibility assessments, stating that “the observance of the preventive principle obliges the Tribunal to intervene in protection of the urban environmental public good.”

The legal dispute stems from an amparo action filed in 2020 by the Asociación para la Conservación del Parque Miguel Lillo. After five years of litigation, the rulings have effectively stalled the legal framework supporting the municipality’s plan to sell or redevelop the casino complex.

Good to know

On February 6, the Contentious Administrative Court of Necochea issued a precautionary measure that temporarily suspended the planned auction of the Casino Complex

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