The Tribunal Contencioso Administrativo has sidestepped the question of the status of the lower Nicoya peninsula, and the case will go to an appeal panel.
That was the report from the parties involved in pressing the case.
Former lawmaker Mario Arredondo and the Municipalidad de Nicoya are trying to take the districts in the lower part of the peninsula and merge them with the province of Guanacaste as a single canton known as La Peninsula.
At a hearing Monday the central issues were not aired. Arredondo says that former president Alfredo González Flores did not have the power to use a decree to attach the southern part of the peninsula permanently to the canton of Puntarenas. That was a temporary measure consistent with the transportation that existed at the time in 1915, he argues. The southern Nicoya is across the gulf of Nicoya from Puntarenas Centro.
Involved are Cóbano, Lepanto and Paquera on the peninsula and the islands in the gulf of Nicoya. Prior to the decree these areas were in the province of Guanacaste.
The Tribunal Contencioso Administrativo said that the question of the legality of the decree should have been presented before 1966. So the appeal will be argued on technical legal aspects rather than the legality of the decree, a statement from the promoters of the La Peninsula idea said.