As of: March 7, 2024, 10:00 a.m
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What's next in Dietersheim?
The planned south-west development area would mean a development boost for the Eching district.
But now the community faced legal bankruptcy against a property owner.
© Wilms
The planned Dietersheim Süd-West development area is on the brink.
The reason for this is a court ruling that was to the disadvantage of the community of Eching.
Around 13 hectares of area are affected.
Eching
- Because the municipality of Eching used an incorrect, contractually unsanctioned reallocation process with the property owners between 2004 and 2018 and one owner therefore withdrew from the purchase contract, the entire Dietersheim Süd-West project is in question.
The owner has now won justice before the administrative court.
Big development boost for Echinger district
The project, which would have meant a major development boost for the town of Dietersheim on an area of around 13 hectares - around 600 to 800 residents would have been added if the area were developed - had already begun under Mayor Josef Riemensberger.
The problem that you now have to deal with: Contrary to what was agreed in the purchase contracts, the reallocation procedures were not carried out based on property area, but based on property values.
According to Riemensberger's successor Sebastian Thaler, when he took office in 2016 and the purchase was notarized in 2018, it was discovered that the contract had not been carried out according to the contractually agreed procedure.
The result: One of the ten or so property owners withdrew from his purchase contract.
In order to save the building area, the municipality then filed a declaratory action in order to ensure that the withdrawal from the purchase contract was null and void.
It took six years until the case came to trial before the Munich Administrative Court.
The verdict was against the municipality and withdrawal from the purchase contract was permissible, according to the administrative court.
The community has hired a lawyer
As Thaler said when asked by the FT, a reallocation process based on the value of the property would be fairer, but that doesn't help at this point.
The affected property is a relatively large one, which is why it would have a strong impact on the entire area if this area were to be removed from the development plan, said Thaler.
The next step is whether to appeal against the VG ruling and go to the Administrative Court or what other options there are. The lawyer appointed by the municipality will soon present this to the municipal council.
Thaler assumes that the local councilors do not want to let the project die.
However, he also emphasizes that the same reallocation procedure should be used for all owners for reasons of fairness.