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City of Miesbach wants to sue for Waitzinger Park

2020-02-23T17:57:11.175Z


Miesbach is gearing up for the next removal in the fight for its trees. After the district's urgent application to the administrative court in Munich was unsuccessful, the district town now wants to prepare for a lawsuit if its application for an exception is rejected - but not for all three areas.


Miesbach is gearing up for the next removal in the fight for its trees. After the district's urgent application to the administrative court in Munich was unsuccessful, the district town now wants to prepare for a lawsuit if its application for an exception is rejected - but not for all three areas.

For those responsible in the city of Miesbach, the on-site visit to the Julius Kühn Institute was anything but good. It was actually hoped that the representatives of the responsible federal research institute and the executive authorities - the State Office for Agriculture (LfL) for open land and the Office for Food, Agriculture and Forestry (AELF) in Holzkirchen for Forest - could be brought closer to how significant these are the trees that will soon have to be cut as a precaution in the course of the control of the Asian longhorn beetle (ALB). But the ALB fighters remained tough and showed little willingness to move away from their line.

For Second Mayor Paul Fertl (SPD) this was reason enough to speak of "authority arrogance" on Thursday evening in the city council. And he assumes that the three exceptional requests that the city has made to preserve the trees in Waitzinger Park, the Riviera and the indoor forest on the lower Harzberg are unlikely to be successful. He therefore requested that the administration be commissioned to prepare lawsuits in this case.

Mayor Ingrid Pongratz (CSU), however, expressed doubts as to whether it would make sense to go to court for all three areas. "The district's suit for avoidance has failed," she said. As reported, the related urgent request was rejected this week. However, this would have to be successful in order to create the suspensive effect of an appeal. "It is currently the case," explained Pongratz, "that a lawsuit does not interrupt felling." The consequence would be that if the city really triumphed unexpectedly in court, it would have none of it because the trees had already been felled in the meantime.

This prospect brooded over many council members. "If we don't save trees, there's no point in complaining," said Markus Seemüller (FWG). "That only produces costs." What attorney Dirk Thelemann (CSU) confirmed: "Without expedited proceedings, there is no point."

Manfred Burger (Greens) spoke in favor of weighting the three areas differently: "At Waitzinger Park, I can argue." Therefore, he applied to decide individually about the park, indoor forest and riviera. The meaningfulness of a lawsuit also depends on the reasons for the respective rejection. Third Mayor Michael Lechner (FWG) agreed: "The value of the park is different." And Erhard Pohl (CSU) stated: "Waitzinger Park is the heart of Miesbach, the rest of which we have to replenish quickly with ecologically meaningful ones trees. "

Accordingly, the city council decided to prepare a lawsuit only for the park (one vote against), but not for Riviera (two votes against) and Hallenwald (four votes against).

ddy

Source: merkur

All news articles on 2020-02-23

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