Saurüsselalm: Bad prospects for the success of the lawsuit

Created: 06/15/2022, 18:23

By: Gerti Reichl

The hearing of the administrative court took place on site at the Saurüsselalm.

© Thomas Plettenberg

The Association for the Protection of the Mountain World demands that the approval for the conversion and change of use of the Saurüsselalm near Bad Wiessee be withdrawn and has therefore complained to the administrative court.

The case was heard on the spot on Wednesday (June 15).

It became apparent that the association would probably fail.

Bad Wiessee – After a three-hour inspection and an on-site hearing, Franz Josef Haslberger untied his traditional jacket.

His face brightens visibly.

Taciturn as always, he does not want to comment on what has just happened, but he probably has the same feeling as everyone involved: The association for the protection of the mountains will probably with its lawsuit against the in August 2021 issued by the Miesbach district office Approval for the conversion and change of use of the previously agricultural Saurüsselalm into a gastronomic alpine hut fails.

Everything will probably remain the same at Haslbergers Saurüsselalm.

Although the 9th chamber of the Munich Administrative Court (VGH) will only announce the verdict on Friday (June 17),

Legal action against the approval of the Saurüsssellm: concerns about species and nature conservation

There were several points of lawsuit from the traditional association, which was founded 122 years ago, which the judge dealt with resolutely as usual and in some cases literally "dismantled".

For example, the species and nature conservation violations that the association complains about.

Anja Schilling, the plaintiff's lawyer, named the hazel grouse as one of the animal species that live in the acidic spruce forest all around.

There was also talk of a capercaillie displaying, which a hunter may have seen.

"Pure allegations that you cannot prove," interjected Haslberger's attorney Herbert Kaltenegger.

The association also complains that no FFH compatibility test was carried out in advance.

"This is not an FFH area, so there is no need for a preliminary examination," Dürig-Friedl clarified.

Wildlife needs its rest from dusk.

Josef Faas, nature conservation expert at the Miesbach District Office

Next point: the noise.

Where there had previously been no disruptive effect on the animals, a regular evening in the hut until midnight and 15 special events would now cause noise in the Saurüsselalm, which has been open since December 2021, according to the association.

In this respect, Josef Faas, the environmental expert at the Miesbach district office and thus the representative of the defendant Free State, had to agree: "The animal world needs its rest from dusk." That no live music is allowed outside, the dance floor at the edge of the large outdoor terrace is a black building and has to go (Dürig-Friedl: "The faster, the better"), as well as a permanently installed giant blind, was actually a minor matter.

When it came to animal welfare, it was again Kaltenegger who approached his colleague harshly: "You're talking off the hook, your presentation isn't technically well-founded." The topic was through,

Saurüsselalm near Bad Wiessee: When were the paths built?

This was followed by a consideration of what came first: Alm or the paths up - for the association an essential point to prove that the management of the Alm is what attracts people up there.

As proof, Rudi Erlacher, Executive Chairman of the association, unpacked a hiking map from 1980, which only showed a footpath.

According to the judge, the club got "tangled up".

She had it dictated in the record that none of the paths had been created for the construction project.

Dürig-Friedl went on to the next point: the conversion itself.

Externally, the pasture corresponds to what was approved in June 2016 as a conversion for the accommodation of cattle and woolly sows, according to the judge.

The debate about the number of seats, which Haslberger put at 175 outside and 80 inside, was not decisive for Dürig-Friedl for the success of the lawsuit.

However, the district office wants to issue a dismantling obligation for the almost 200 square meters of additional space used.

Negotiation on the Saurüsssellm: the district has no map for landscape protection and is embarrassed about it

The exemption from the landscape protection ordinance, which the association described as illegal, turned out to be a surprising sticking point.

Attorney Kaltenegger actually presented the association's attorney when he reminded them that no exemption was necessary because the original map of the protected area ordinance of 1955 could no longer be found.

In a procedure in 2019, the VGH had already referred to it.

"A scandal," commented Rudi Erlacher.

And actually an embarrassment for the district, since it has no legally binding landscape protection.

At the end of June, the environmental committee of the district council wants to deal with it, said spokeswoman Sophie Stadler on the sidelines of the negotiation.

"Gone is gone," the judge commented on the mishap.

It didn't help either

also read

Price hammer at Tegernsee: 11,560 euros for the square meter

Construction site used for illegal waste disposal

Regarding the privilege that made it possible to use the Alm outdoors: Lawyer Kaltenegger underlined that the district office defended it and saw no errors in the assessment.

He saw here a "perfect case for a privilege".

The Alm is a building that has a significant impact on the cultural landscape and experiences the greatest perception.

He saw the fact that hikers and mountain bikers kept arriving during the negotiations as proof of this.

He accused the plaintiff association of preferring to see nature free of people.

"It serves to make people happy." The area is heavily frequented ("local recreation destination for Munich residents"), which is why there is also a need for restaurants.

"And where does it say that you can't have decent food on an alpine pasture?" he asked, referring to the food on offer.

Negotiation for the approval of the Saurüsselalm on site: the judge refers to the development of the DAV

The judge took up his view that the German Alpine Association (DAV), which is also a member of the Association for the Protection of the Mountain World, is changing.

"Luxury facilities are being built there today," said Dürig-Friedl, emphasizing that this is not a new building and that the gastronomic offer does not play a role in the assessment.

The supply character only has to be guaranteed.

For Rudi Erlacher, however, one thing is certain: "Here, gastronomy becomes an end in itself".

The association wants to protect the Saurüssellm from becoming a precedent.

Ultimately, lawyer Peter Bachmann emphasized on behalf of the Bad Wiessee municipality that was invited that the project and the privileging had been "carefully" planned and accompanied.

Lawsuit on the Saurüssellm: the association still wants to decide on further legal remedies

Everything was said for the judge, her tendency to dismiss the lawsuit was evident, even if she only announced the decision for Friday.

The club will then decide whether to file further appeals.

Rudi Erlacher is disappointed: "Facts were first created in order to then legitimize the privilege.

That turns everything upside down.”

Read here: real estate price hammer at Tegernsee.

big