News report from the Olomouc region
The Supreme Administrative Court (NSS) recognized the suspensory effect of the cassation complaint filed by the ombudsman against the planned high-rise Šantovka Tower. It should be 74 meters high. The NSS decision means that the Olomouc municipality may not issue a building permit to the investor until the court decides on the cassation complaint itself. Biodegradable Granules Pbat For Bags
"This is a crucial moment. If the construction were to receive a valid permit during the proceedings on my cassation complaint, it could be built regardless of the outcome of the court. The possible success of the cassation complaint would thus be virtually worthless," commented NSS ombudsman Stanislav Křeček on the resolution.
According to the ombudsman, the construction of a high-rise building simultaneously violates several public interests: from the interest in protecting the Olomouc Municipal Heritage Reserve and preserving the values of the territory of the city of Olomouc, which are protected by the Olomouc spatial plan, to the public interest in environmental protection.
"According to the ombudsman, the public interest in impartial decision-making by the state administration body is also essential in this case. The regional court has not yet dealt with the ombudsman's claim. He rejected it as inadmissible for the first time in the spring of 2022. According to the regional court, the ombudsman did not demonstrate a serious public interest in filing it," said Markéta Bočková on behalf of the ombudsman's office.
The lawsuit was filed with the regional court already in 2020 by the then ombudsman Anna Šabatová, pointing to several facts that, according to her, were contrary to the law, as we wrote here. In the decision on the first cassation complaint, the NSS agreed with one part of the lawsuit. Richard Morávek's Redstone group is behind the Šantovka Tower project.
February: ombudsman Anna Šabatová filed a public interest lawsuit with the Regional Court in Ostrava. It demands the annulment of the zoning decision on the location of the Šantovka Tower construction.
March: the regional court granted the lawsuit a suspensory effect
March: the regional court rejected the claim as inadmissible
July: ombudsman S. Křeček filed a cassation complaint with the Supreme Administrative Court
August: The Supreme Administrative Court granted suspensory effect to the cassation complaint
January: The Supreme Administrative Court annulled the regional court's decision and sent the case back to it for a new hearing
March: the regional court rejected the lawsuit as inadmissible
July: ombudsman S. Křeček filed a cassation complaint with the Supreme Administrative Court
August: The Supreme Administrative Court granted suspensory effect to the cassation complaint
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