The Valls ice-cream kiosk has continued to trade. | Hans Monheim

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The mayor of Pollensa, Miquel Ángel March, faces being taken to court because of the Gelats Vall ice-cream kiosk affair in Puerto Pollensa. He is specifically facing an allegation of malfeasance in having allowed the kiosk to remain open and not making good an order of eviction of the owners some two months ago.

This follows the receipt of a declaration made by a company in the restaurant sector on 24 June which puts a figure of almost 725,000 euros on sales made by the ice-cream business in 2014 (this is a figure from the commercial register of companies).

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The charge against the town hall states that because of its inactivity, Gelats Valls remains a beneficiary of the private and exclusive use of municipal public way and that it remains open to the public under highly favourable conditions compared to other businesses in the same area. This is allowed, it is claimed, because of town hall permissiveness.

It is noted that the town hall, following repeated demands that the kiosk be closed, agreed to initiate proceedings for eviction within fifteen days. The complaint says that this has long passed and it wants to know why the kiosk is still open and that procedures to bid for the tender for the kiosk have not been started. It warns that a criminal case is being considered.

March says that he doesn't intend to execute eviction until a public tender for the kiosk has been called, despite the legal deadline for resolving challenges having ended. "We believe that at the end of the month there will be the bases for the tender contest, and we want to coordinate one thing with the other."