The lawyers have the floor at a meeting in Munich on Wednesday.
At the administrative court, seven lawsuits from residents of an Aidlinger street are being dealt with.
They refuse to pay development fees.
Aidling
- It's almost five years ago that Aidlinger citizens showed massive presence in a Riegsee municipal council meeting.
Because it was about the road construction on the Scharnitz.
One of the residents said at the time: "If the community remains stubborn, we will have to have it clarified in court."
The time has come on Wednesday: The 28th chamber of the administrative court in Munich will deal with seven complaints from residents against the community from 10 a.m.
The point of contention is the development contributions.
On the one hand, the seven plaintiffs object to the fact that they were used to pay for construction work on this road around 2019.
It's about sums in the order of 15,000 to 40,000 per property.
The municipality requested this with notifications from February 2021.
Above all, the plaintiffs assert that the road had already been definitively built for the first time, so that no further development charges should be levied.
The municipality, on the other hand, states that the road was technically not finally finished in several respects before the construction work in 2019.
"The community has an obligation to use the funds
that are due to her,” explains Mayor Jörg Steinleitner (Riegsee electoral community).
"Our administration believes that this is justified."
Partial waiver rejected
On the other hand, the seven plaintiffs applied for a partial waiver, which was rejected by the municipality.
They refer to a provision in the municipal development contribution statute.
According to this, sums of one third can be waived if at least 25 years have passed since the start of the first technical construction of the development facilities and the obligation to contribute arose between April 1, 2012 and March 31, 2021.
The reason for this is the exclusion period for certain so-called old systems provided by the legislator since April 1, 2021.
This states: no more contributions if production started more than 25 years ago.
The municipalities were given the opportunity to mitigate the hardships of this key date regulation through a partial waiver.
But the municipality of Riegsee thinks
the street An der Scharnitz was only ever temporary, which is why a partial waiver could not be granted.
"I was advised not to follow a partial decree," says Steinleitner.
The plaintiffs now want to enforce this in court.
According to information from the Tagblatt, all but one of the residents have filed a lawsuit.
The spokeswoman for the residents did not want to comment in advance.
No comment was available from plaintiffs' counsel either.
Steinleitner will also be on site when the lawyers at the administrative court bend over the documents.
"It's not a nice appointment." The mayor classifies the matter as "legally highly complicated".
"The lawyers will duel with fine foil," he speculates.
Steinleitner hopes for justice
The municipality is aware that these are very high costs, says the head of the town hall.
He welcomes the fact that the matter is being clarified legally.
"Hopefully we'll have justice in the end." Steinleitner points out that the municipality has repeatedly approved applications for deferral.
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