Here finally, for those who were waiting for it, the epilogue of the famous series "The Passage of the Witch". He kept the same setting: Montmartre. The summary of the story, for those who have forgotten it? The fight of one of the oldest and most important petanque clubs in Paris against a luxury hotel. The dispute? The attempt to evict the first in favor of the second, with the complicity of the City of Paris which, however, fifty years ago, had lent him this land. The outcome? The luxury hotel that was eyeing this adjoining land to enlarge its terrace is likely not to be able to do so anytime soon.
See alsoMontmartre: Hidalgo sacrifices a petanque club for the benefit of a luxury hotel
Reminder of previous episodes: the mayor of Paris, under cover of an official procedure of "call for expression of interest", would have liked to please the owner of the Hôtel Particulier – this is the name of this luxury hotel. She also thought that the deal would go smoothly. Rightly so: since she became an accomplice in the eviction project of the Clap (Club Lepic Abbesses Pétanque), the dice seemed to be stacked. This was without counting on the administrative court. Le Figaro, which has been following this saga since its beginnings, was able to take note of the judgment that the judge has just rendered, in an order of September 25. It is scathing for the Town Hall.
A private and closed passage
The City wanted to be authorized "in the absence of immediate execution of the order to intervene, to evacuate the premises with the assistance of the force"? It claimed that this measure "is useful given the manifest resistance of the association to leave the premises", but above all ensured that the Clap occupied the public domain irregularly? Big mistakes! In truth, the Clap settled in the premises in 1971 with the help of the City. In his brief, in defense, Maître Le Briero recalls that this occupation was uninterrupted for more than thirty years, and without any challenge from the City. He also recalls that the coveted plot has never been assigned to public use. Indeed, to access it, it is necessary to enter it by a private and closed passage.
While the City invoked the urgency of eviction from the public domain, the judge specifies that not only is there no urgency (Article L.521-3 of the Code of Administrative Justice) but that, on the other hand, this land does not belong to the public domain of the City but to the private domain (Article L.2111-1 of the General Code of Property of Public Persons). An appeal remains possible before the Council of State. In the meantime, it is the whole procedure devised by the Town Hall that collapses. The icing on the cake (the one that will be shared by the members of the Clap to celebrate this victory) the City is sentenced to pay 2000 euros to the association of petanque players to cover the costs related to the dispute.