The legal battle erupts over the request by the company "Corso Dodici srl" to rectify certain violations at the La Paillote restaurant and café in Calamosca. Following the Municipality's response, which denied the amnesty, and a prohibitory order signed on December 24th by the Director of the Private Building Service, the judges of the Sardinia Regional Administrative Court (TAR) rejected the company's request for a preliminary injunction to suspend the order. Furthermore, the Region has also ruled that the authorization for private use of the area has expired, meaning it could appeal to the Court to regain possession of the waterfront space that "Cor.sa" rented to "Corso Dodici."

The battle

The appeals were filed with the judges of the First Section of the Administrative Court by attorney Silvio Pinna, representing the company, while the Municipality was represented by attorney Simonetta Garbati, and the Region represented by attorneys Roberto Silvio Murroni and Floriana Isola. As early as December 12, 2025, the Municipality had communicated that there were "preventative reasons" preventing the amnesty for the unauthorized construction. Last Christmas Eve, having determined that the amnesty was not possible, the Private Construction offices notified the "obligation to remove the effects of the construction activity undertaken." Hence the appeal to the Regional Administrative Court.

The ordinance

The administrative judges found that the documentation provided did not allow them to predict the likely success of the appeal on the merits, given that "the deed that allowed the appellant to use the property has peacefully expired, as provided for in the agreements with the Region." Apparently, the authorization had been granted until the end of last season (end of October). "The regional administration, owner of the property," the decision states, "formally notified the Municipality that the appellant no longer had any legally qualified title to possess or dispose of the property." The Regional Administrative Court (TAR) stated that suspending the order "would result in the continuation of the use of the public property in the absence of a deed." Therefore, the preliminary injunction was rejected, although the defense may appeal. But if the Region, which claims that ownership of that area has passed from the Maritime State Property Office to its control, aims to evict Paillote, it will still have to turn to the Court: the company that leased it to “Corso Dodici” has always denied that transfer and asserts the validity of its state concession.

Francesco Pinna

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