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The dispute between Markt Türkheim and residents ends up before the administrative court – and ends without a judgment.
FromWilhelm Unfried
Do the residents of the Türkheimer Badstrasse have to pay contributions for the expansion or not? This question ended up at the administrative court in
Augsburg. A judgment could have had national significance – but there was no verdict. There is another reason why residents now have to pay anyway.
Two residents of Badstrasse, which was completed in 2019, opposed the community
Türkheim sued before the administrative court. You consider the development fee notification to be illegal. There was no official winner at the hearing before the Augsburg Administrative Court because there was no verdict at all. In advance, the court signaled to the plaintiffs that they would probably not get “right” and so the lawsuit came to an unusual end. Plaintiffs and the municipality of Türkheim declared the proceedings to be “closed”. The municipality owes this turn of the procedure to the fact that the municipality council passed a decision on consideration in October. The Türkheim store bears the costs of the procedure, but can now distribute the costs for the expansion of the road as planned.
Access road or historical road – what applies to Türkheim’s Badstrasse?
The facts appear simple, the legal processing is a book with many seals for a non-lawyer. When upgrading Badstrasse, the real question is once again who is responsible for upgrading the road. Up until a few years ago, a distinction was made as to whether it was an access road or a historic road. The plaintiffs assumed that Badstrasse was a historic street. In addition, the buyers of property on Badstrasse were assured in the notary contracts that all development contributions had already been paid.
The plaintiff’s lawyer therefore stated in his application that the municipal development decision was “illegal” because neither development nor road construction contributions could be levied for the road construction work carried out on Badstrasse. The lawyer also accused the community of having set the costs too high.
It’s about 530,000 euros to be paid by the residents
It wasn’t about peanuts, but about 530,000 euros, for which the residents should be called in.
Representatives of the administrative court got a picture on site in the spring of this year. During the hearing, the judge now let it be known that the community had a better chance of deciding the proceedings for itself. The court justified this assessment with the weighing decision that the local council had passed in October. The decision to weigh up was put on the agenda because Badstrasse is an indoor area without a development plan. And there was something else that spoke for the municipality: it had taken the cost of piping the Langweidbach out of the total costs and borne it itself, thus reducing the development contribution from 90 to 60 percent.
The court then did not have to pass a judgment because the proceedings were terminated. Both sides declared the proceedings to be over. The spokesman for the administrative court reports on our editorial team’s request. The lawyer of the plaintiff, Wolfgang Schubauer
Burgau, told our editorial team that the judgment was difficult because it was new territory. The court was probably of the opinion that Badstrasse was neither an access road nor a historic road. The court rated the decision to weigh up the community and the willingness to reduce the reimbursable costs from 90 to 60 percent as positive.
What Türkheim’s deputy mayor says about the outcome of the proceedings
After the municipality had promised to cover the costs of the proceedings, his clients declared the proceedings to be over, reports Schubauer. Thus, there were no further costs for them.
Second Mayor Franz Haug from Türkheim told our editorial team on behalf of Mayor Christian Kähler that he welcomed the end of the proceedings. Haugg literally: “Those responsible in the market town are happy that the ‘first development of Badstrasse’ approach has been recognized by the court. Thus, there is legal certainty for the notices delivered in 2018. ”Haugg continues:“ It is interesting that the court was right on all points of the municipality. ”According to Haugg, the court particularly emphasized that the municipality covered the costs for the piping of the Langweidbach in the area of Badstrasse in the amount of 170,000 euros and granted the legally largest possible discount of 30 percent. According to Haugg, the court saw this as a great concession from the market community to the residents.
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