Supreme Court rejects Pájara appeal over Costa Calma nursery eviction
Pájara Council must vacate the plot housing Costa Calma’s municipal nursery after Spain’s Supreme Court rejected its appeal. The report gives no eviction date.
Spain’s Supreme Court has rejected Pájara Council’s appeal against an order to vacate the plot housing Costa Calma’s municipal nursery. The eviction ruling is now final.
The decision is dated 28 October 2026. Diario de Fuerteventura reported it on 31 October. The property is at number 22 Avenida Happag Lloyd in Cañada del Río, in southern Fuerteventura. The council must vacate the site, which belongs to El Ombú Canarias SL.
The report gives no eviction date or details of any plans for the nursery’s future.
Why the court rejected the appeal
The Supreme Court’s civil chamber found that none of the council’s five arguments provided grounds for a cassation appeal. It also ordered the council to pay the appeal costs.
The decision leaves an earlier judgment in force. The Third Section of the Provincial Court of Las Palmas issued that judgment on 6 May 2026. It upheld an earlier ruling in favour of El Ombú Canarias SL.
According to the Supreme Court’s decision, the council’s arguments relied on a different assessment of the evidence. They did not establish grounds for a further legal appeal. The provincial court had found that the council had not proved its legal right to possess the property.
The dispute over the land
El Ombú Canarias SL acquired the plot at an auction held outside court. It had previously belonged to CHM Promociones Inmobiliarias Costa Calma SA.
The council argued that the nursery plot formed part of land transferred to it during the development of Cañada del Río. The courts, however, found that the documents did not prove the council still had a right to possess it.
The provincial court also considered how the council had treated the property in the past. The council had demanded property tax from CHM from 2003. It had also seized the property over company debts. It had raised no objection to the liquidation process through which the current owner acquired it.