According to a judgment by the local court, the days of the Tölzer Kasladen in Bad Heilbrunn should be finally numbered.
Bad Heilbrunn / Wolfratshausen - The district court in Wolfratshausen sentenced managing director Wolfgang Hofmann to “refrain from using the former supermarket for storing and ripening cheese products and for organizing seminars and workshops on the production of cheese” “The court is of the opinion that the current Use is prohibited under the terms of the condominium community, ”said Rosemarie Mamisch, spokeswoman for the district court.
The use of the rooms as a cheese shop is not a use as a supermarket, as stated in the declaration of division by the community of owners. "In contrast to the supermarket, which, according to the general understanding of the term, offers all food groups for daily needs, the offer of the cheese shop is limited to a certain product group," Mamisch quotes from the reasoning.
Judgment preceded years of controversy
This was preceded by a year-long dispute between Hofmann and the residents of three condominiums that lie above the shop, in which around 200 types of cheese have been stored and matured since April 2016. The neighbors complained about strong smells and went to court. For his part, Hofmann had failed to obtain a change of use when signing the contract that would have been necessary for the premises of the former Tengelmann store. The local council rejected the subsequently requested change of use. As a result, Hofmann withdrew the application, with the result that the district office prohibited its use due to a lack of approval.
The district court in Wolfratshausen Hofmann had already banned the use of the supermarket in a partial judgment in 2018. In the appeal hearing, however, the district court of Munich II referred the matter back to the district court. That decided again as before.
Shop owner speaks of "daily terror"
"I was hoping for something else," said Hofmann when asked. He would discuss with his lawyer how to proceed. To appeal the judgment again is an option. He had four weeks to think about it. On the other hand, he feels "little desire to stay, given the daily terror, the insults and threats" to which he is exposed in Bad Heilbrunn. “The claim that the cheese would stink is fictitious. Alleged evidence has been manipulated, ”says Hofmann, who sees only one intention behind the plaintiffs' efforts: the business has to go. “When moving in, these people consciously accept a defect and then try to sue it,” says Hofmann, who feels reminded of some cowbells quarrels. In any case, the neighborhood would be burdened significantly less by its store than by the former supermarket.
Hofmann is trying to find a new location
He has been trying to find a new location for a long time. "There is also a concrete prospect," says Hofmann. However, the negative reporting also contributed to the fact that "one or the other interested party jumped off."
In the event of an infringement, the court threatens, in its judgment, a fine of up to EUR 250,000, or alternatively, up to six months' imprisonment. The ruling also ordered "that the plastic windows on the ground floor along with French doors should be removed and that" wooden windows should be installed without opening and without a door ".
