the recent rejection of the citizens ' initiative in terms of DIY-settlement will have a legal aftermath, which had announced the initiator, Anna-Maria Fedisch and her lawyer Peter Duvinage is already in the session. This week, the legislation to put assistance yet again.
Peiting – In a letter to mayor Peter East Rieder and local councils Duvinage accuses the town hall chief, to have him in the meeting illegal, the right to speak withdrawn. To support the lawyer in his Letter, refers to the evaluation of his "administratively savvy colleagues Andreas Bauer-Danzeisen". The finds clear words: That the East Rieder Duvinage have deprived of the word, with the remark that this does not have to respond in the context of the explanation to the question of the admissibility of the application, "devoid of from an administrative point of view, any basis". It was therefore assumed that this "illegal word-deprivation judicial Review of the negative admissibility decision of the market Council have from the point of view of a violation of the right to a fair hearing implications in the context of the forthcoming administrative court, Bauer-Danzeisen, in his opinion.
lawsuit seeks to challenge submitted within the deadline
in fact, the initiator of Anna-Maria Fedisch and her lawyer had already announced that the decision on a legal way. "The rejection notice is now sent. We submit, however, by the deadline suit,“ confirms Duvinage, once again, on demand of the Schongauer news.
The town hall is in spite of the impending procedure, however, left. Three pages is the answer to long, with the help of the mayor by return of post on the legal Writing has responded. It is peppered with References to the local by-laws and court decisions, and a show ."The legal Situation is, in our view, clearly," emphasized East Rieder. Duvinage have received the right to speak, only for the purpose of the substantiation of the citizens ' initiative, as it was foreseen in the referendum bylaws of the municipality. Instead, the lawyer had begun to explain the admissibility decision of the municipal Council in advance.
city Council meeting, with a court hearing
This Duvinage had addressed the arguments of the administration in the session flag, which it should not know this actually. Because of the lawyer on demand want to say anything to justification, in that he deprived him of the right to speak, so the East Rieder. To do this, he was as mayor, and the meeting head of "absolutely entitled". "Mr Duvinage has perhaps confused the city Council meeting, with a court hearing he wanted to do was hold a plea", can not resist the East, Rieder a tip in the direction of the Munich-based celebrity lawyer.
Which of the two parties actually has the better arguments, this is now a must for the administrative court to decide. Sure of victory, do not seem to be the initiator and his or her lawyer, however, despite the combative announcements to be. A new citizens ' initiative is already in preparation, had Duvinage, as announced directly after the Council meeting. "That is against the construction law." Support is waving the of Peitinger trader.
Until then, continue to run the municipal plans for the necessary development plan only once, because the action has no suspensive effect. Until the middle of July is also the result of the spatial planning process should be available. Then, whether the government of upper Bavaria gives the green light for the new V-Baumarkt on Zeißlerweg.
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