Bad Wiessee wants the property with the tennis courts back from investor SME.
The community is fighting for this in court - and has now been proven right.
However, an appeal is possible.
– The property with the tennis courts on Wilhelminastraße is of great importance for the future development of the Wiessee spa district.
To get it back from the Swiss company Sports Medicine Excellence Group (SME), the community went to court.
After the hearing in January, the Munich II Regional Court announced its verdict on Monday: According to this, SME must hand over the property to the community-owned Jodschwefelbad GmbH.
Mayor expects SME to appeal
The decision for Mayor Robert Kühn (SPD) was not a big surprise.
"We expected it to turn out like this," he explained yesterday in a first reaction.
But it is too early for the head of the town hall to celebrate.
An appeal can still be lodged against the decision of the District Court.
And Kühn is certain that the opposing party will exhaust all remaining legal remedies.
SME wants to check and evaluate the written judgment first
Whether SME will continue the fight and actually appeal remained open on Monday.
When asked by the
managing director Florian Kamelger only said: "We are currently examining and evaluating the written judgment." Subsequently, his company will discuss how to proceed.
A Swiss company wanted to build a staff house on the site
As is well known, the Swiss investors originally wanted to build a staff house on the property.
The community gave it to them.
After the main project on the neighboring former Jodbad site - a hotel complex with a medical center - had not been implemented to this day, the municipality reclaimed the partial area with the tennis courts.
The judgment that has now been passed states: The defendant – i.e. SME – is ordered to hand over the property to the plaintiff – i.e. Jodschwefelbad GmbH – step by step against payment of 730,740 euros.
Kühn described the decision on Monday as a "first good step".
It is important that the municipality has a hand on the property and can develop it in the interest of the place.
"That was what the entire municipal council wanted," emphasized Kühn.
After all, this is a property in a prime location.
City council decides on extension of building permit
Incidentally, the committee will have to deal with the topic of SME again this week.
In its public session on Thursday, March 23, the local council has to decide whether to extend the expiring building permit for SME's hotel project from 2017.
As is well known, the Swiss stopped construction work on the huge area overnight in 2019.
Nothing has been moved on the property since then.