The citizens' initiative Livable Germering has achieved partial success in the fight against the planned development of the Kreuzlinger Feld.
The Bavarian Administrative Court (VG) has decided that the city may not make a possible statutory resolution publicly known.
Germering
- lawyer Ewald Zachmann, who represents the concerns of the citizens who complain, speaks of a victory for direct democracy.
Mayor Andreas Haas pointed out that the administrative court only granted a positive decision on the citizens' auxiliary request.
The main request, however, was rejected.
The reason for these different assessments is an application for an interim order that Zachmann has submitted.
The content of the application is for the city to stop the current development plan procedure.
This was to prevent the town hall from creating a fait accompli before the main proceedings have been decided.
As is well known, this main procedure concerns the fact that the city had rejected the petition against the proposed development of the Kreuzliner Feld as formally inadmissible.
Lawyer Zachmann agrees with the plaintiff that this is not the case.
The administrative court has now rejected the main application for the interim injunction, but has supported an “alternative” submission.
Accordingly, the city may end the procedure.
A possible resolution of the articles of association should not then be announced.
This alone is enough to prevent the development plan from becoming legally binding.
The resolution of the statutes should actually have been taken at the meeting of the city council on Tuesday, October 12th, 6 p.m.
Whether this will actually happen will probably not be decided until the meeting.
Mayor Andreas Haas is of the opinion that the city council must decide this itself.
In any case, the city will take a very close look at the 31-page decision of the administrative court until the meeting.
How the city council ultimately decides, he does not know.
In any case, it is clear that the city will not publish the resolution of the statutes, should it fall.
Ultimately, all parties involved have to wait for the final decision of the court in the main proceedings.
Incidentally, half of the costs of the current procedure must be borne by the citizens' initiative.
The reason is the rejection of the main application.