The cowbell dispute goes into the next round. For May, the Higher Regional Court announces a visit to the pasture on the outskirts of Erlkamer.
Holzkirchen / Munich - The corona virus has mixed up almost all appointments, but so far not one: On May 26, the Higher Regional Court (OLG) Munich wants to move to Holzkirchen as planned for inspection. Actually, the on-site visit in Erlkam is more of an earliest sight, because it's about hearing the cowbells that have annoyed a couple for years. It is farmer Regina Killer's cowbells, and it is still the infinite continuation of the cowbell dispute that has been going on for years, which even Corona has not brought to a standstill.
More on the subject: Cowbell dispute: Revision request flashes off at the Federal Court of Justice
Holzkirchner Kuhglockenstreit: Higher Regional Court comes on site
The farmer's cattle are now on pasture again, but not on the controversial one in Erlkam. “The affected pasture is only open a week before the trial date,” says Killer on request. The farmer from Föching has not yet decided how many animals can then graze on two thirds of the almost one hectare total area. "I don't know exactly yet," she says. In any case, a maximum of four bells should ring.
At the on-site appointment, it is planned that the judges should listen to the ringing in the morning and get an idea of the volume and the odor nuisance that has also been denounced. In the afternoon the Munich Higher Regional Court hears about the wife's complaint.
Also interesting: cowbell dispute continues - in Karlsruhe
In 2011 the couple bought a house on a hay meadow in the Erlkam district of Holzkirch. The dispute began when the community leased the meadow as a pasture to the farmer's wife. First, after a comparison at the district court in Miesbach, the husband filed a lawsuit with the Munich II regional court. He and his wife would suffer from insomnia and depression through the tinkling of cowbells. In addition to the unbearable stench from their point of view, they feared the transmission of diseases through the grazing tech flies attracted by cow dung. They added up the loss in value due to the noise pollution to EUR 100,000. Moving out and selling was therefore out of the question for the couple.
The wife would also have liked to offer the court a nightly sleep appointment in the house for inspection. But the lawyers did not agree. But at least they agreed to an inspection. The husband had not succeeded in doing so on various occasions. Ultimately, the Federal Court of Justice (BGH) in Karlsruhe denied his request. The case was neither of fundamental importance, nor did the further training of the law or the security of a uniform jurisprudence require a decision in the court of appeal, it was said matter-of-factly.
So now the dispute before the OLG goes into the next round. Regina Killer should look forward to the appointment with confidence.
Also read: Cows are allowed to tinkle - court dismisses suit
