This deliberation of October 3 cancels the sale of land to the Association Valeurs et Réussites for the construction of real premises for the Muslim school it manages. Sale which was recorded in a previous deliberation of the city council on June 27th. The land classified in the first deliberation “private domain” of the municipality is now considered “public domain” and cannot be sold as such.
This is what the whole argument of the lawyer for the town hall of Valence, Me Guillaume Dumas, is about: “I will not return to the political and polemical aspect which has nothing to do in this courtroom. I stay on the strict legal side of things. The community admits that there may have been an error in the initial classification of the plot. But it is good toland used by the public and accessible to the public for 20 years. Associations use it, inflatable games are sometimes installed there, cars park there, especially on Fridays and weekends. »
“A misuse of powers” for the association’s lawyer
For the lawyer of the association, Me Pierre-Etienne Moullé, this is a false pretext put forward to justify this cancellation : “It’s the most perfect example of a misuse of power, a case study that we can provide to our students. In the chronology of events, everything is fine until July 21 and an article from Charlie Hebdo (note: article which makes a link between the association Valeurs et Réussites and the radical organization of the Muslim Brotherhood and questions the secularism of school), and there, we have an impossible runaway from the prefecture which invokes state ownership, a reason miraculously appeared in the file to have the sale canceled ”. Me Pierre-Etienne Moulle “regrets the absence of the prefecture of Drôme in the file. That she is not present at the hearing, that she has not produced documents is scandalous, morally indefensible and legally punishable. » He insists that this land is a vacant lot, with no particular use : “we don’t have the slightest sign of any development to assign it to public use”.
At the end of the debates, the judge of the administrative court of Grenoble announced that he will return his decision next Tuesday. Even if the association wins, that the deliberation canceling the sale of the land is suspended, the construction of the school promises to be strewn with pitfalls. The town hall of Valence could bring into play the conditions precedent included in the sales agreement so as not to complete the sale.