This document is presented briefly il caso che coinvolge il complesso immobiliare denominato Plan di Bregano.
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Il Geom. Otello Spagliardi è stato protagonista della costruzione di un importante complesso immobiliare a Madonna di Campiglio, denominato Plan di Madonna di Campiglio, composto di nove importanti condomini raggruppati in un supercondominio fornito di strada, piscina, club house, mini market, ecc.
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Con sentenza del 19/11/87 del Tribunale di Trento, detto supercondominio fu dichiarato insussistente.
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Probabilmente, lo Spagliardi fu protagonista anche della costruzione del Plan di Arese.
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Contemporaneamente, negli anni '60 Spagliardi Bregano where he became mayor suggested the construction of a complex of remarkable proportions that extends over the neighboring towns of Bregano and Bardello and Malgesso.
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The plan was not implemented in full, it seems, for the findings from the Island called Happy. Only the City of Bregano continued the project. Bardello it froze up in the late 90's and left him permanently Malgesso.
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leave the post of Mayor of Bardello to the doctor, Dr. Torretta, Spagliardi, who had bought the land and Bregano Bardello, formed a real estate company, the Real Estate Plan to Bregano Srl, and 15/07 / 1971 Presentation the City of Bregano a development plan of the area called "Motta and Moncucco.
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The subdivision was approved by the City of Bregano 30/07/1971 with the Resolution of the City Council of the City of Bregano N ° 6.
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On 28/06/1972 by Resolution of the City Council of the City of Bregano N ° 9 was approved the agreement.
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On 30/01/1973 the subdivision received the required document signed by the President of Regione Lombardia P. Bassetti and Eng. Salvatore Paris.
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The agreement with the City of Bregano was prepared by the Notary Biagio Favuzza 05/03/1973. That agreement violates the law HE 1150 and the 1150 Law 847 which refers to the primary and secondary infrastructure works to be ceded to the Municipality. Read then implemented by the Building Regulations of the City of Brega, approved by the Lombardy Regional Council by resolution n ° 1819 of 12/10/1972. (Note that then, other facts, the Notary Favuzza had serious trouble with the law.)
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The City of Bregano released building permits for various lots to build houses for residential use different protocols with each other and very common issue, ie 19/04/1973.
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For the record, this complex of Bregano Plan consists of eight buildings (actually nine) consist of several units each, four bodies of factory made up of only the garages, a driveway that cuts through the complex into two for the length and cadastral maps, which takes place on three separate and distinct, a building used as a porter, but that is not curiously at the entrance, a clubhouse, swimming pool , a tennis court, a center for the vaporization of the LPG which has now been converted into stock.
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The land use planning was actually done on 08/07/1976, to construction work carried out, a week before the Act dated 15/07/1976 Pilot on behalf of Dr. Viterbo Galileo and to which is attached a contract of building regulation .
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were reserved to the City of Bregano the only access road to the Plan and an area Green adjacent to that portion of the road. All the rest was sold to unsuspecting buyers immobility as "common parts to all owners of properties of the residential complex of Bregano Plan," parts that were made to believe to be the common parts of a building.
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The subdivision became a condominium. They began building assemblies held under the Regulation annexed to the contract without deeds that unsuspecting buyers were aware of the situation. The City
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endowed each unit of a personal meter of drinking water with the contract name.
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In 1981, during the census, the City of Bregano titled la via che attualmente taglia in due l'intero complesso ad Enrico Fermi (esistono tutti gli atti di tale procedura in cui furono interessati la Prefettura di Varese il Co.Re.Co. e l'Ufficio Studi Patri di Roma), e diede un numero civico ad ogni unità abitativa.
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Gli ignari acquirenti non capirono il peso di tali atti.
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Nel 1984 Il Comune di Bregano approvò il Piano Regolatore e l'intera area occupata dal Plan, ad eccezione degli impianti sportivi (club house, piscina e campo da tennis) fu dichiarata Zona T Turistica Speciale (?). La zona degli impianti sportivi, ceduta dall'Immobiliare agli acquirenti delle unità abitative, risultava, invece, essere Zona a Verde Pubblico Attrezzato.
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Then, by Ludovico Barassi Notaries Act of 1986, the Plan of Bregano Realty Ltd gave a communion of 56 owners over the Plan that were not completed and are now green spaces. In 1991, Luciano Giaccari Notaries Act, the City of Bregano withdrew with one hand and immediately sold it to a communion with the other owners of 68 due to immobility such as charges for secondary infrastructure.
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Until 2003, everything worked smoothly, except one that involved the loss of water pipes under the Plan for an outlay of 50 million old lire in the early 90s.
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In 2003 there was another huge loss of water upstream of the meter the pool for 32,000 cubic meters., water that no one saw. The City unilaterally terminated all contracts and imposed a single counter names condominium buildings to house the 93 to 494 Via Enrico Fermi. Buildings, meanwhile, had changed the number for adoption by the City of Bregano numbering metric or "American" and were grouped by the municipality on the basis of lots of housing development with a main street for each lot over its interior.
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With three-year civil investigation, conducted by its own means for the City of Bregano (Law 241/90) and the Agency of the Territory of Varese, Dr. Gianni Armiraglio, and then City Councillor Bregano inhabitant of the Plan, and his neighbor, Dr. Maureen Fulgenzi, they discovered that the Plan was not a building that is found as told in this exhibition, but it all back and not in the chronological order in which it was exposed and only is known today.
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Since then, many lawsuits have begun to challenge the communal assemblies and various criminal proceedings. To date, the
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via Enrico Fermi, specified in the street of the City of Brega, Municipal Council Resolution n ° 41 of 13/09/2006, turns out to be a movement area as determined by Presidential Decree 223, 30/05/1989 . This way, upon which the house numbers from 61 to 600, is closed by a bar elettrica posta tra il civico 67 ed il civico 93 e da cartelli che identificano tale via come strada privata con divieto di accesso agli estranei. Tale situazione ha causato l'interruzione del pubblico servizio postale agli abitanti parte dei quali ha accettato di porre le cassette delle lettere presso la portineria e di stipulare un'assicurazione privata a favore del postino.
