Gardone and Salò Dispute Asset Division; Court of Cassation Rules in Favor

The “arm wrestling” between Gardone Riviera and Salò over the division of the assets of the former Azienda di soggiorno continues. And news from Rome reports an interlocutory judgment. A definitive decision will require a long wait.

Judgment on the court’s jurisdiction

“We learned from our lawyers that the Court of Cassation, sitting in full chambers, has accepted our position regarding the jurisdiction of the ordinary court,” explains Alessandro Bazzani, mayor of Gardone. “But to obtain the final decision on the entire matter, we will have to wait at least until the end of 2001.”

The disputed property is the former Casino, consisting of a cinema and a restaurant. But the list also includes the nearby dock with the shed for boat storage and the gardens beyond the 45 bis road. All assets formerly belonging to the Azienda di soggiorno.

History of decisions regarding asset division

“In January ’86,” recalls Bazzani, “President Vittorio Pirlo and the board of directors decided to honor the assets equally between the two municipalities: half each. In July of the same year, the Region approved the reorganization law for peripheral tourist structures, established the Azienda di promozione turistica (Tourism Promotion Agency), and decreed that the assets of the tourism companies would go to the municipality where they were located. But in November, Pirellone (the Lombardy Regional Council) gave a favorable opinion on dividing the assets equally, despite the newly approved law. The notary Bonardi then recorded the donation.”

“At that point, Gardone appealed in court,” the mayor continues. “The 1991 judgment sided with us, and the declaration of equal division was nullified because it became official after the new regional law came into effect. In May ’97, the Court of Appeal confirmed this.”

Gardone was the sole owner. However, the “cousins” from Salò did not accept the ruling, appealing to the Cassation, which now ruled against them on the point regarding the Court’s lack of jurisdiction. But the Court will have to review the case in the ordinary section, which will take a long time. So the soap opera continues, to the satisfaction of the lawyers.

Attempts at agreement and recent developments

In the past, some attempted to find an amicable settlement. For example, between 1990 and 1992, a commission composed of assessors from both towns was appointed, but with no practical results. There were more disputes than pacification attempts. The income from the assets (the millions earned from rents) was tempting for everyone.

Meanwhile, decisions were made to start spending the money on modernizing the Casino and the beach.

In 1998, mayors Giovanni Cigognetti and Piercarlo Belotti went to Milan to meet with Assessore alle Attività produttive Alberto Guglielmo, suggesting the idea of a special law to resolve the long-standing dispute. But he responded that such an approach was not feasible: it was better to find a local agreement, with the Region playing the role of intermediary.

The elections last June, with the change of mayors, froze the situation. Now, new developments come from Rome.

Salò’s position and the evolution of the dispute

Salò has always maintained that it is entitled to half of the assets, since the Azienda di soggiorno was established together with Gardone Riviera to support local tourism.

The directors of the company, some residing in one locality and others in the other, fearing that the Region would seize all the assets, hastened the procedures, devising the solution of donating in equal parts. A universally shared solution.

Then, Pirellone approved the law that assigned the assets to the municipality where they were located, and a long-standing standoff began, lasting 14 years.