House Fruth: Neighborhood hopeless

The judges of the administrative court now came to the Fruth house on Tölzer Höckhstrasse.

A neighbor is suing the planned development.

Bad Tölz

- There is brisk construction activity on Tölzer Höckhstraße.

A deep excavation next to the listed former Fruth sanatorium is populated by a number of construction workers.

An underground car park is to be built here, above it a new building with 17 apartments, connected to the monument via an intermediate building, which will in turn accommodate eight apartments.

It looks like the construction companies can keep pushing the project.

Because a lawsuit by the property neighbor Willibald Raab against the building permit should not stand a chance before the administrative court.

This was shown on Thursday at an on-site visit.

Oral hearing on site

Judge Johann Oswald took a look at the construction site and the surrounding area.

After the court had withdrawn to deliberate, he made it unequivocally clear at the hearing that the court would probably dismiss the claim.

The spacing areas are maintained - even according to the old law, which was even stricter until a reform last year.

The extent of the structural use is acceptable, a "ruthless effect" on the environment is not ascertainable.

That's what the plaintiff says

The plaintiff Willibald Raab was essentially concerned with a very special point, as he explained in an interview with the Tölzer Kurier after the negotiation. He referred to a "perpetual sewerage law" that originated from the time the sanatorium was built in the 1930s. According to Raab's representation, the canal runs around ten meters from his property on his own property, then 40 meters over the neighboring property in the direction of Christian-Pabst-Weg and the urban canal network. He has also claimed this existing right since purchasing his property. But since the construction work began on the neighboring property at Pentecost, it had been clear to him that the canal would be in the way of the construction project. "I drew attention to this from the beginning." The "opposite side", as Raab says,I just classified the existing channel as "out of date" anyway. When a wall was then placed near the property line in August, he saw a fait accompli: the sewer had been "cut off" and the client had instead created a provisional diversion. "The drainage works, but in winter I see the risk of freezing with this exposed pipe," says Raab. He would also like to know how his channel will continue in the long term. "I asked the client to say what he was planning in good time, but got no answer."Instead, the client created a provisional diversion. "The drainage works, but in winter I see the risk of freezing with this exposed pipe," says Raab. He would also like to know how his channel will continue in the long term. "I asked the client to say what he was planning in good time, but got no answer."Instead, the client created a provisional diversion. "The drainage works, but in winter I see the risk of freezing with this exposed pipe," says Raab. He would also like to know how his channel will continue in the long term. "I asked the client to say what he was planning in good time, but got no answer."

No statement from the client

How the situation is from the client's point of view remained open on Thursday.

The representatives of Ernst Duttler Verwaltungs GmbH who were present did not make any statements at the hearing, nor did they want to give a statement to the Tölzer Kurier.

From a legal point of view, it was clear to the court: “The sewerage law has no significance for our proceedings,” as Judge Oswald said. From a purely administrative point of view, the so-called "third-party protection", i.e. private rights of third parties, do not stand in the way of a building permit. The district office has no leeway here and must issue a building permit, provided that all requirements are met. The question of who has to pay for the canal in what form is a case for civil court. Judge Oswald's question whether he did not want to withdraw his action against the building permit because of the hopelessness, Raab said in the negative. The - foreseeable - judgment will be served on the parties soon.

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