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First verdict of Milan urban planning investigation clears all defendants

Milan's court acquitted?eight defendants on Tuesday in the first of a dozen criminal cases into urban planning which slowed construction in Italy’s financial capital.

The case concerned the construction of an 87 metre building, which was authorised based on a simple renovation permit. The approval was part a rapid-track process for building permits that the Milan municipality adopted in recent years, during a real estate bubble in the north city.

Milan prosecutors sought convictions of all defendants with sentences up to?two years and four months in prison.

The decision is a major win for developers and the Milan government.

The prosecution argued that a full construction permit was needed, not just a renovation authorization. A permit of this kind would have meant a more lengthy approval process, and higher fees payable to the municipality.

According to a statement from the Milan court, Judge?Paola?Braggion acquitted everyone on the basis that "the facts don't constitute a crime".

The statement stated that the ruling meant the renovation permit had not been deemed illegal because "caselaw in criminal and administrative court, as well the Constitutional Court has offered different interpretations of the notion of renovation".

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A committee representing families that bought homes on construction sites in Milan, which are still frozen because of the investigation by Milan prosecutors, welcomed the verdict.

The committee issued a press release calling for a formal discussion with the government in order to establish a legal framework which would protect homeowners as well as their properties. Milan Mayor Giuseppe Sala who is being investigated in another case also welcomed this decision. He was "disappointed" by the tone of the prosecution in pressing charges.

According to a judicial source, Milan prosecutors will wait until they have the full reasoning for the decision before deciding if they want to appeal.

The acquittal of this case under Italian law does not affect any other proceedings.

The final stages of two other?trials relating to construction sites are approaching, and verdicts should be expected by the end of summer.

Around a dozen preliminary investigations are ongoing.

(source: Reuters)