Castle owners are suing the mayor's private barbecue area

Created: 09/30/2022 05:04

By: Josef Ametsbichler

Hirschbichl Castle.

© Ebersberger Zeitung

Because she lives next to the listed Hirschbichl Castle and has prepared the garden, the mayor of Emmering (Ebersberg district) has a legal neighborhood dispute to deal with.

emmering

- A bunch of 20 people stood in Emmering's mayor Claudia Streu-Schütze in the garden on Wednesday and examined their new outdoor seating area including the wall and fireplace grill.

The mayor was not happy about this highly official visit to her private property - but her neighbors had insisted.

Four judges from the 9th Chamber of the Munich Administrative Court got into the car together with the clerk and came to the Emmeringer district of Hirschbichl, where a public hearing was held at the foot of the listed castle.

Also present: a large delegation from the district office and the press.

In addition, the municipality of Emmering, represented by the third mayor Hubert Rüegg, the first mayor is herself affected.

And of course the plaintiffs and their lawyers.

"It's about the view for us," say the residents of the castle in Hirschbichl (the tiled roof can be seen in the background behind the trees), among other things, about their lawsuit against the Emmeringen mayor's outdoor seating area (on the left with a fireplace and a green wall).

The judges of the administrative court (centre) saw no problem with the building.

© Josef Ametsbichler

Plaintiffs fear for a listed ensemble - and are suing the Free State

The impetus came about like this: The couple, who once bought the listed Hirschbichl Castle from the district and have lived there for 22 years, had sued the Free State of Bavaria.

Because when the mayoress wanted to build a shoulder-high natural stone wall on the garden patio of her private property instead of ailing wooden palisades, the district office as the responsible authority had nothing against it.

There was no need for a building application, only the consent under monument protection law because of the neighboring castle.

This was given to the mayor, but the residents of the castle were now suing.

Claudia Streu-Schütze, mayor of Emmering in the Ebersberg district.

© Stefan Rossmann

"It's about the view of the castle," said the resident at the hearing.

The tree population obscures the view at the moment, but not in winter.

"You have to think away the leaves," said the plaintiff.

And from one corner of the property, the disturbing building can be seen all year round anyway.

The word "salami tactics" was also mentioned because the residents of Schloss Hirschbichl feel disturbed by an increasing number of "small buildings" in the surrounding areas.

According to reports, they have also criticized the community in the past for the designation of a nearby new development area and the construction of a road salt silo and a cell phone mast on the grounds of the sewage treatment plant west of the listed castle.

Judge with a clear message: "Really not bad!"

Chairman Administrative Judge Korbinian Heinzeller tried to find a balance at the on-site visit.

"They still remain neighbors," he advised both parties to engage in dialogue.

Nevertheless, the judge left no doubt that he would dismiss the lords of the castle with their lawsuit.

The appearance of the listed building would have to be massively impaired, he quoted analogously from the law.

"It doesn't come close to this level," he said, looking at the semi-circular natural stone construction and the fireplace grill, which he also described as "really not bad".

Claudia Streu-Schütze was and remained right.

The lawyer for the plaintiff couple made it clear to his clients that the matter was hopeless.

Streu-Schütze allowed himself to be persuaded to make the compromise of not building additional wind protection, a roof or a power connection for the outdoor seating area - which was never planned anyway.

Under this premise, the castle residents withdrew their lawsuit and assumed the costs of the proceedings.

Quarrelsome lords of the castle: The next lawsuit is likely to follow - because of the grill

However, the mayor will probably not have her peace of mind for a long time, because the neighbors immediately sounded a new approach.

"I'm afraid of this fire," said the plaintiff, looking at the brick fireplace.

There has already been an incident – ​​if the meadow and trees around the castle, which is around 70 meters away, are dry, she sees a risk of fire.

It is therefore necessary to explore this legally.

"Fire protection is not the subject of today's proceedings," Judge Heinzeller replied.

The castle residents would have to sue separately for this.

"I wouldn't advise it," the judge said.

Even the representatives of the district office could not see any reason to ban the mayor from barbecuing.

"We will definitely seek approval,"

the unsuccessful plaintiff nevertheless announced further proceedings.

The entourage of the administrative court took note of this and withdrew.

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