As of: February 21, 2024, 5:27 p.m
By: Jörg Domke
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The Atron property on Am Ziegelstadel street in Markt Schwaben (archive image).
© Dziemballa
Legal experts have come to the conclusion that the citizens' petition called for by around 1,800 citizens regarding the asylum home in Markt Schwaben is inadmissible.
Markt Schwaben -
A consultation and a resolution on the admissibility of the citizens' initiative of the “Burgerfeld becomes Bürgerfeld” initiative regarding asylum accommodation will be on the public agenda of the market town council on Thursday, February 22nd.
The plenum meets from 7 p.m. in the meeting room of the town hall.
And it is highly likely, given the issue at hand and the ongoing explosiveness of the topic in the area, that the meeting on Thursday evening will again be followed live by numerous interested or directly affected citizens.
However, it is anything but certain whether most of them will leave the town hall positive after the (second and therefore brought forward) agenda item on the future of an asylum seekers' home.
As the municipality has already announced on its homepage, the administration and legal supervision of the Ebersberg district office recently determined that the request formally submitted on January 24th was legally inadmissible.
In advance, the administration had specifically commissioned the law firm Döring Spieß from Munich to carry out a legal audit.
In addition, the political community also involved the legal supervisory authority at the district office on February 5th and asked for a supplementary statement.
“After a thorough examination of the factual and legal situation, both the law firm commissioned and the legal supervisory authority came to the conclusion in a letter dated February 9th that the citizens’ petition should be rejected by the market town council as inadmissible,” it is now said.
On the same day, February 9th, the BI sent out a press release calling on the local council members to “send a clear signal for democracy and adopt the citizens' initiative on the occasion of the planned asylum collective accommodation in the Ziegelstadel/Burgerfeld family residential area. “
Law firm and legal supervision have examined the matter
Short flashback: On December 21st, the citizens' initiative “Burgerfeld Bürgerfeld” was founded;
three days after there was a discussion evening in the theater hall in Burgerfeld with Mayor Michael Stolze, who was connected virtually (not personally present due to Corona) and District Administrator Robert Niedergesäß.
Michael Kümpfbeck, Andreas Stumptner and Stefan Geisser were appointed as formal representatives of the BI.
At the end of January, the citizens' initiative requested in writing that a referendum be held with the following question: "Are you in favor of the market town of Markt Schwaben taking planning measures with the aim of using the former ATRON buildings at Am Ziegenstadel 12 and 14 for purposes other than the accommodation of refugees/ to benefit asylum seekers?”
According to the municipality (the EZ also reported on this), 683 signature sheets with 1,809 signatures were submitted on January 24th and another 40 signature sheets with 78 signatures were submitted on February 1st and a further 21 signatures were submitted on February 12th.
In total there are 1908 signatures.
An examination showed that 1795 could be admitted.
Only 879 valid signatures would have been necessary for a successful citizens' petition.
Is there inadmissible negative planning?
In any case, the request was formally carried out properly.
And it is probably still inadmissible because it is aimed “at a legally inadmissible goal,” as they say.
The reason for this is: The citizens' initiative is essentially aimed at using the means of building planning law to secure the use of the former ATRON building for purposes other than the accommodation of refugees and thus to prevent the planned use as refugee accommodation.
In the present case, it is said, “the land-use planning initiated by the citizens’ initiative is obviously intended solely to prevent the imminent use of the ATRON building to accommodate refugees.”
According to the relevant administrative court case law, this is not a permissible planning goal.
Rather, it is an inadmissible negative planning, in which planning stipulations are only a pretext to thwart an existing use.
Another topic in the plenum: development plan north of Lilienthalstrasse and Adalbert-Stifter-Weg.
You can read even more news from the Ebersberg region here.
By the way: Everything from the region is also available in our regular Ebersberg newsletter