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The RG Municipality took over private parking - and fined apartment owners - Walla! Real Estate

2019-12-05T09:35:28.970Z


Although the parking is adjacent to a privately owned taboo - the municipality painted the lipstick in "blue and white" and charged for the parking that was not its own


The RG Municipality took over private parking - and fined apartment owners

Although the parking is adjacent to a privately owned taboo - the municipality painted the lipstick in "blue and white" and charged for the parking that was not its own

The building in Ramat Gan (Photo: Eyal Yitzhar)

Building in Ramat Gan (Photo: Eyal Yitzhar, Globes)

The Tel Aviv Magistrate's Court ruled that in about six months the Ramat Gan municipality must return private land that served as a public parking for the municipality.

The plaintiffs, six apartment owners on Dov Friedman Street in Ramat Gan, who will be represented by Attorney Ziv Caspi and Ilanit Zibin of the Gindi-Caspi office, claimed that this was a private area that belonged to them, and that for many years the Ramat Gan municipality invaded and occupied the parking area in front The lot, which painted the lipstick in "blue and white," set a traffic sign permitting paid public parking and even issued parking reports to the building's owners.

Prior to filing the lawsuit, prosecutors turned to the municipality for a return of the land robbery, but those appeals were repeatedly denied when the Ramat Gan sheriff disavowed and evaded giving a substantive answer. Finally, the plaintiffs had to file a lawsuit against the municipality.

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The municipality argued in the defense that the parking spaces on the front of the lot were appropriated for the public's benefit in accordance with the approval granted by the District Commission in 1974. However, as part of the prosecution process, it was found that no evidence supporting the Ramat Gan municipality version was found and no document was found that the owners of the parking spaces they own. For the public good, as the municipality has argued.

About two weeks ago, a case was heard in court before Judge Yigal Nimrodi. The plaintiffs brought a survey conducted by a surveyor, who clearly showed that the areas used as public parking do indeed belong to the plaintiffs' lot. The municipal authority did not protest against the determination, and in the middle of the court session, both sides came out for a hearing outside the courtroom. At the conclusion of the hearing, agreements were reached, according to which the municipality will vacate the area and hand over possession to the apartment owners until the end of May next year.

In addition, the court ruled that the municipality must pay the plaintiffs legal fees and attorney's fees in the amount of about NIS 30,000 on the grounds that "the claim was actually received."

According to Attorney Ilanit Zibin, a real estate appraiser and head of planning and construction in the Gindi-Caspian office: "The judgment, which was based on the expert's opinion of the court, proves that the municipality's claims were baseless, and thus the justice was published. For over 20 years, the municipality has exhausted the plaintiffs with various allegations of bad faith, making illegal use of the plaintiffs' private property. In her arguments, which have been proven to be unfounded, the municipality has taken things out of context and allowed itself to treat the land as if it were owned, all while well aware of the fact that the parking spaces are not hers at all. Prosecutors were given permission to split their remedies, a fact which gives them the right to claim proper use fees for all those years when the municipality made use of the land, given that during these years the plaintiffs were deprived of their right to practice land ownership. As part of the ruling, the parties reached a compromise on how the municipality will remove its hands from the land. This settlement agreement has been upheld by the court. "

Source: walla

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