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30 asylum seekers already live in the house on Isarleitenweg.
Shared accommodation for a further 96 people is now to be added in a 50 meter long block on the meadow to the left of the existing building.
The city is resisting this.
© cs/A
The district office has approved the shared asylum accommodation on Isarleitenweg.
The city of Bad Tölz does not want to accept this and is therefore suing.
Bad Tölz - It wasn't a surprise and yet the city councilors reacted angrily to this decision by the district office at yesterday's meeting of the building committee.
The building permit authority has approved a large shared accommodation for 96 people on Isarleitenweg.
It replaced the municipal agreement of the city of Bad Tölz, which had unanimously rejected the project in September, citing building law.
The city believes that its rights have been violated by approving additional accommodation for 96 people
The city had even issued a ban on changes.
This usually does not give the district administration any opportunity to override it.
However, the authority relied on what, according to Mayor Ingo Mehner, “ominous paragraph 246, paragraph 14”, which establishes an exceptional situation “and gives extensive opportunities to override the municipalities’ right to self-government”.
The city sees its rights violated with the approval for additional accommodation for 96 people and has therefore already filed a lawsuit against it.
The lawsuit cannot be compared with the Greiling case
However, the case cannot be compared with Greiling, which recently prevailed against the district office in a nationally sensational judgment.
A private individual is making land available to the state on Isarleitenweg.
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In the city's opinion, the requirements of Emergency Paragraph 246 are not met for the specific project.
The city is now leveraging the fact that it has accommodated almost twice as many asylum seekers and refugees as it actually should according to the so-called “Königstein Key”.
City demands equal distribution of refugees across the district
A discretionary decision by the authority, Mehner wrote in a press release, “requires that the people must be distributed evenly across the district.
That’s not happening right now.”
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When Peter von der Wippel (FWG) asked about the lawsuit strategy, the mayor publicly “didn’t want to shoot all the powder straight away.”
But in addition to the demand for equal treatment of all municipalities - "because only everyone can do this together" - Mehner and the building authority point out that the district itself also still has free areas.
CSU city councilor criticized huge block in the residential area
In the discussion, the town hall leadership received clear support for their approach.
Karsten Bauer (CSU) felt it was a shame “that we were simply ignored” and criticized the huge block that was being created in the residential area.
Johannes Gundermann (Greens) wanted to know exactly: “30 people already live in the house and 96 will be added?” That’s how it is, confirmed building authority manager Christian Fürstberger.
Complaint has no suspensory effect
“No matter what the court decides, we have to sue,” said Christof Botzenhart (CSU) in his opinion.
“We owe that to the residents there.
We must use every means to prevent this communal accommodation.
That’s where we create such problems,” he said, referring to the strong concentration of people.
Botzenhart thanked the town hall leadership for filing the lawsuit.
“Does the lawsuit have a suspensive effect,” von der Wippel wanted to know.
“No,” she didn’t, replied Christian Fürstberger.
(Christoph Schnitzer)