The Administrative Disputes Court dismissed the lawsuit of Katya Sanchun Acosta, who had accused the Municipality of Nicoya and the Costa Rican Institute of Sports and Recreation (ICODER – Instituto Costarricense de Deportes y Recreacion) of alleged land encroachment where they built the Chorotega Stadium of Nicoya, the venue of the Guanacaste Sports Association (ADG – Asociacion Deportiva Guanacasteca).
In 2011, Sanchun Acosta sued the municipality for ₵1.320.000.000 ($2,640,000), alleging that the land where the stadium is located and the surrounding streets were the property of her father, Julian Sanchun Chen, and that she is the legitimate heir of the land.
In view of this allegation, three judges visited the stadium on Tuesday, April 29, and had a hearing in the Nicoya courthouse, where the parties involved presented their evidence and arguments.
Once all of the evidence and documentation required by the judges were presented, the Dispute Court completely dismissed the suit filed by Katya Sanchun Acosta against the municipality and ICODER. Notification of the ruling was released last Thursday, July 3.
The decision thereby upholds the municipality and ICODER as the owners of the land and the building.
Humberto Leon Abadia, lawyer of the legal department of the Municipality of Nicoya in charge of handling the case, indicated that he was pleased with the court’s ruling. “They found in our favor according to the technical elements that we have provided in the process, in which we have demonstrated that the stadium and the farm have always been the Municipality of Nicoya’s,” he said.
However, the lawyer explained that Sanchun Acosta can appeal the decision, so they will be alert to a possible claim.
In addition, both the municipality and ICODER may request that Sancun Acosta cover the costs of the preceding, but Abadia didn’t want to indicate in advance whether they will.