The opponents of gravel mining in Forst Kasten are continuing to fight for the preservation of thousands of trees.
With a demonstration in front of the seat of the government of Upper Bavaria, they want to ensure that the allocation of mining rights is postponed.
The Glück company, of all people, gives them an argument.
Würmtal
- After a decision has been postponed again and again, the plan of the Heiliggeistspital Foundation to lease a 9.5 hectare area in the over 800 hectare forest box for gravel mining is on the agenda of the social committee on Thursday, May 20th of the Munich City Council, public and non-public.
The committee is responsible because the foundation, as the owner of the forest, is administered by the state capital's social department.
It was announced in advance that the green-red majority, due to possible claims for damages against their city councilors in their function as foundation administrators, felt compelled to agree to the leasing of the area to Neurieder Huber Bodenrecycling GmbH.
Demo on Tuesday
“We definitely don't give up,” says Malvina Andrassy from the “Wald Neuried Preservation” initiative. On Friday, she registered a demonstration in front of the building of the government of Upper Bavaria at Maximilianstrasse 39 with the Munich district administration department. This was approved for Tuesday, May 18, 2 p.m. It is the task of the government, as foundation supervisor, to clarify whether the city councils actually have to be liable with their private assets, even though Munich declared a climate emergency at the end of 2019. So far, however, the government, like the social department, has come to the conclusion that the city councils must approve a contract between the foundation and the Huber brothers as the winners of the tendering process.
Herbert Stepp from Planegger, chairman of the Grünzug-Netzwerk Würmtal, says: "We are of the opinion that the foundation acts against the purpose of the statutes, and we view this very critically." The foundation must not pursue any intensive commercial intentions. ”Stepp:“ It is much more intensive than the cultivation of the forest. ”He also states that the Heiliggeistspital Foundation, as a non-profit foundation, is committed to the common good:“ Common sense tells you that it does The climate emergency cannot simply be completely ignored. "
Legal counter-arguments
Legal counter-arguments could have a better chance of success.
And that's where the Graefelfinger Bernhard Glück Kies-Sand-Hartsteinsplitt GmbH comes into play.
Your lawsuit against the Heiliggeistspital Foundation for disregarding the mining rights was dismissed in December last year.
Glück appealed, the higher regional court has not yet made a decision.
"It is an unbearable state of affairs that the city councils are put under pressure to decide against their convictions," says Christian Hierneis, chairman of the Munich district group of the Bund Naturschutz (BN) and member of the state parliament of Bündnis 90 / Die Grünen.
Especially since placing an order with the Huber brothers could also result in claims for damages.
That is when the Higher Regional Court agrees that Glück is right.
The law firm Schönefelder Ziegler Lehners, specialist lawyers for administrative law, writes in a report commissioned by the BN: The award of the contract in favor of the Huber brothers is “not justifiable”. Should luck win, the company could file claims for damages against the foundation, which would include “the lost profit. Such damage could possibly run into the millions. ”The lawyers come to the conclusion that this would“ also raise questions of liability for the members of the governing bodies ”- that is, the city councilors who, with their consent to Huber, are trying to avoid precisely that.