As of: February 15, 2024, 2:03 p.m
By: Petra Straub
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The topic of cell phone masts is agitating people in Tutzing.
© Symbolic photo: PantherMedia/Antonio Gravante
Tutzing wants to sue in the dispute over the construction of a 60 meter high cell phone tower in Monathausen.
The local council decided this with a large majority.
Tutzing - Can a lawsuit prevent the construction of the 60 meter high cell phone mast, or does it just cost time and money to take action against the structure in Monathausen that was approved by the Starnberg district office?
The discussion at the most recent local council meeting in Tutzing revolved around these questions.
In the end, the council voted with one dissenting vote in favor of taking legal action.
Dispute over the construction of a cell phone mast in Tutzing in court: the community wants to file a lawsuit against the project
On January 3rd, the municipality received an application from Vantage Towers AG to build a cell phone mast with a technology unit for the Vodafone cell phone network on field number 2380 in Tutzing- Monathausen.
According to the municipality, the applicant wants to close a “white spot” in the mobile network.
As part of the statement, the municipality informed the district office as the approval authority of objections and refused approval.
Because, as the facts of the agenda item state, the “blank spot” is incomprehensible, since online coverage cards from all mobile network operators represent “a continuous supply of broadband services”.
The specified supply target is a “relatively small white spot”, and the municipality describes setting up a 60 meter mast as “oversized”.
She is also of the opinion that there are alternative locations within the stated search area that could protect the outdoor area.
It refers to the property with field number 2205, which has significantly less impact on the landscape.
Because the district office already issued the building permit for the radio mast on January 16th, the municipality now wants to take legal action against the construction.
There is also a second building application approved by the district office for an even taller facility.
The municipality has requested an extension of the deadline until March 8th from the district office for a vote on this and wants to discuss the procedure in the council committee shortly beforehand.
Lawsuit brought by the municipality of Tutzing against the construction of a cell phone mast in Monathausen: lawyer sees chances of success
Lawyer Frank Sommer from the hgrs law firm in Munich gave the community a chance of success in the lawsuit.
The project differs from the standard case of an outdoor cell phone mast due to the height and the inconsistencies presented in the justification for the choice of location.
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The council decided with one dissenting vote from Dr.
Joachim Weber-Guskar, FDP, to file a lawsuit with the administrative court against the building permit decision of January 16th and to instruct the law firm hgrs to represent the municipality in the legal dispute.
It also follows Sommer's advice when the expert Dipl.-Ing.
(FH) to bring in Hans Ulrich, who could technically substantiate the community's arguments in court and thus argue on an equal footing with the builder.
According to Sommer, the costs of the legal procedure will be covered by the municipality's legal protection insurance, and a maximum amount of 13,000 euros will be due for an expert report.
Mayor Ludwig Horn was commissioned to...
Most council members viewed the lawsuit as financially feasible because it was “manageable,” as a duty towards the citizens of the Monathausen district and as a project with prospects of success in terms of the height of the structure because there was a need for a 60-meter facility the location is not understandable and in their opinion there is an alternative location a little further away from Monathausen where the mast could be built much lower.
The question in the lawsuit is whether the location was properly approved, said Sommer, and not where the location should be.
If the lawsuit were filed, the project would be blocked for the time being.
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