Court Restores Possession of Tulum Beach Club Property to Claimants

The former Naay Tulum Beach club property in Tulum during the court-ordered restitution

Tulum, Quintana Roo — Authorities on Tuesday, Aug. 11, executed a court order restoring possession of a beachfront property in Tulum’s hotel zone that once housed the Naay Tulum Beach club.

The restitution was carried out by judicial officials from the Playa del Carmen civil court, which had ordered the property handed back to the plaintiffs in a long-running legal dispute. The case, listed as file 324/2016, stems from an amparo petition filed by Ernesto García Amador and José Fernando Jiménez Soto.

The property, identified as definitive parcel 1981 within the José María Pino Suárez agrarian community, is located on the Tulum-Boca Paila highway at about kilometer 8.5. It ceased operations months ago; before Naay Tulum Beach, the site was home to the Vagalume beach club, which later relocated.

The dispute has spanned several years and multiple federal rulings. In September 2021, a court granted a definitive suspension of the contested order, restoring possession to the amparo petitioners. A formal handover followed in November of that year.

The case shifted on May 30, 2023, when a federal authority ruled on a request by Mauricio Esteban, Ciro Miguel, José Rafael and Francesco Saveria Schiavon Magaña to modify the suspension. That decision changed the terms of the injunction that had previously favored García Amador and Jiménez Soto.

Later requests for suspension were rejected, and the court concluded that the legal conditions existed to proceed with the execution of the original ruling and continue the restitution process in the civil case.

In the latest order, Judge Víctor Alfonso Escalante Hernández authorized judicial officers N.A.F.N. and M.E.A.R. to carry out the physical handover of the property. The order permitted the use of public force and the opening of locks if necessary.

Officers from Tulum’s Public Security and Citizen Protection Department were called to support the operation, but the handover was completed without incident.

The action represents the latest development in a legal battle that has lasted nearly a decade, shaped by amparo appeals, suspensions, modifications and other challenges over control of the property.

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By Javier Mendez

Javier Mendez covers public safety, law enforcement, and legal affairs in Quintana Roo. He monitors official reports from the FGE (State Prosecutor's Office), the Mexican Navy, and municipal police to deliver accurate English summaries of crime, trafficking cases, arrests, and court rulings affecting the Riviera Maya region.Javier has been covering crime and public safety news since 2023, reporting on cases ranging from felony arrests and human trafficking investigations to court proceedings and organized crime-related incidents across Cancún, Playa del Carmen, Tulum, and Chetumal. His reporting provides English-speaking residents and travelers with reliable, timely information about safety conditions in Quintana Roo's major tourist destinations.Javier works closely with official government sources and press offices to verify facts before publication, and maintains an archive of law enforcement communications to provide context for ongoing stories. He is dedicated to accurate, factual reporting on complex safety issues that affect both residents and visitors to the region.For story tips: javier@rivieramayanews.mx