Resistencia (Argentina) municipal court case: rights of Laguna Francia

Summary

In 2019, the Municipality of Resistencia granted a construction permit to the company Patagonia SRL, which planned to develop real estate on Laguna Francia. This permit was endorsed by the APA, which had previously denied permits to others who wished to build in that area. Their initial rejection was premised on Resolution 1111/98, prohibiting people from building homes within 30 meters from the body of water. However, Resolution 333/17 overturned 1111/98, reducing the riverbank boundary from 30 meters to 15 meters, which would allow for construction of real estate to take place.

The residents of Villa Altabe took swift action, filing an appeal in April 2019 to protect the river bank in Civil and Commercial Court No. 21 of Resistencia, which paused the work until a resolution could be reached.

In February 2024, Judge Julián Flores of the Municipal Court of Resistencia in Chaco Province held a hearing to gauge the feasibility of work to be completed on the riverbank. Patagonia SRL had modified its plans, proposing to build offices rather than homes and a private greenspace. The hearing took place on the lagoon, and the company expressed intent to move forward with the project. Rather than granting the license, Judge Flores decided that the project should be submitted to a vote. The residents of Resistencia mobilized and quickly expressed their disapproval, leading Patagonia SRL to withdraw their proposal in that same month.

However, the residents and environmental organizations were subjected to an intimidation campaign by the company, who demanded that they retract their opposition and allow construction to proceed. Undeterred, residents filed complaints with various public bodies and the Environmental Offenses Court in Resistencia, denouncing the construction of a perimeter wall and sewage and electrical frameworks, which had been constructed prior to the initial injunction.

The public exposure of the conflict helped the residents gain support. On November 29th, 2024, Judge Flores recognized Laguna Francia as a subject of rights, defining it as an area of ​​high ecological sensitivity affected by human activities, which compromise its capacity for water self-regulation and biological diversity. This decision not only allows for its protection from real estate, but also requires measures to reverse the damage caused. The court’s decision also mandated the creation of an Integrated Management Authority for Urban Lagoons in Resistencia (ARGILUR) comprised of residents, environmental groups, and academics working to manage and preserve these water reservoirs.