Based on Position No. DSJ-01-01-2010 of the municipal department of Legal Direction, mayor Luis Eduardo Gutiérrez had support to veto the agreement of the board members in the December 21st municipal session to give permission for the Nosara Service Station to begin selling gasoline. Gutierrez, in the January 4th session, vetoed that agreement.

In a document from legal advisor to the City Hall, Miguel Guillén, Position No. DSJ-428-2009 was issued on December 14th, 2009 to request the Mayor and others to grant a commercial license for the Nosara Service Station business. This opinion was used by the Council to grant the license in the Ordinary Session held on Monday, December 21st, 2009.

According to Guillén, at the time of the mayor’s decision his office was not aware of the existence of resolution No. 784-09-TAA from the Administrative Environmental Court (TAA), which orders a study of the site occupieb by the gas station to determine if is a wetland matter or rule out such hypothesis. The resolution of the TAA was known to the councilmen prior to the voting on the patent.

“In a conversation with Lawyer Maricé Navarro ,of the Administrative Environmental Court, she indicated that in file number 89-04-TAA, which she dealt with at the time, a precautionary measure on the opening of the Nosara fuel station is discussed. This will be resolved when a study of this site is undertaken, which is expected to happen in of February, 2010” said Gutierrez.

“I reckon that before the decision of the Environmental Court is issued, the possibility of existing risks to nature and environment posed by the operation of the gas station makes it prudent to take the time to investigate the existence of the wetland. We should have full understanding of the implications of running a gasoline and car service business in this site. It is totally reasonable to veto the license owing to the potential risks.”, mayor Luis Eduardo Gutiérrez said on issuing the veto.

The demonstrations of councilman José Antonio Méndez and trustee Claudio Ávila Ugalde made the existence of the Tribunal’s resolution known to the rest of the Council. To councilman Juan Luis Aguirre Vidaurre, it is incomprehensible how a department first exposes something, and then later changes it’s position, risking the acts emanated by The Municipal Council. “A veto, while still being considered in our legislation and in the law that governs the municipal sector, cannot be interposed simply by presenting it when defined subjective rights exist in favor of one administered. That is to say that a veto cannot be brought down on an agreement dictated by the Council when in the middle of everything subjective rights in favor of someone have been recognized which were acquired in good faith” expressed the councilman to his companions.

In turn, Trustee Claudio Ávila declared “the location where the gas station was built is a wetland and I have documents that proove that; I also have documentation that verify, by version of the previous Mayor Lorenzo Rozales, that there is only a construction permit where the gas station is built, and the other constructions have no permits. The Council should not approve the patent on December 17th and 18th of the documents.