In the legal dispute over the evacuation of the Hambach Forest three years ago, the city of Kerpen must now apply for an appeal.
The North Rhine-Westphalian building ministry had issued an instruction, said a spokesman for the city on Thursday.
Kerpen - In September 2018, the police cleared the forest occupied by climate protection activists.
The Hambacher Forst lies on the edge of an open-cast lignite mine and was supposed to be cleared at that time.
The CDU-led NRW state government had instructed the city of Kerpen and the Düren district to clear the tree houses built by opponents of lignite.
This was justified with fire protection.
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The North Rhine-Westphalian state government does not want to announce until the end of the appeal period in two weeks whether it will proceed against the judgment to clear the Hambach Forest.
"Until then, we will see whether there is a substantive legal possibility to attack the judgment," said the department head in the building ministry, Diane Jägers, on Friday in the building committee of the state parliament.
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It is one of the last symbolic projects of the left-wing scene in Berlin: In Berlin-Mitte, around 30 people camp in construction trailers.
The owner of the property is now evacuating.
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Trial of the “Hannibal” residential complex: eviction legal?
Four years after the “Hannibal” residential complex in Dortmund was cleared in a hurry, a court is examining whether the action was lawful at the time.
The administrative court in Gelsenkirchen wants to announce a judgment on Wednesday, as a spokeswoman said at the beginning of the negotiations.
The city of Dortmund is the defendant.
In September 2017, she instructed the approximately 750 residents to leave their apartments within hours.
Trial of the “Hannibal” residential complex: eviction legal?
In September of this year, however, the Cologne Administrative Court found that the fire protection justification had only been advanced at the time.
The eviction was thus illegal.
The city of Kerpen initially wanted to contest this decision and applied to the Higher Administrative Court of Münster for approval of an appeal.
On Tuesday evening, however, the Kerpen city council voted with a narrow majority to forego it, i.e. not to apply for an appeal.
But now the situation looks different again: "The district administrator of the Rhein-Erft district as the supervisory authority has been requested by the ministry to give the Kolping town of Kerpen instructions that the Kolping town of Kerpen not withdraw the application for an appeal - contrary to the council resolution we had Tuesday this week, ”said a spokesman for the city of Kerpen.
So the case should come before the Higher Administrative Court.
Building Minister Ina Scharrenbach, from whose house the instruction comes, belongs to the CDU.
Like Prime Minister Armin Laschet (also CDU), who has since resigned, she had repeatedly denied that reasons other than fire protection played the decisive role in the evacuation.
dpa
