Judge Cancels Demolition Order for Former Cinema Building in Holon
Holon, Israel – In a groundbreaking ruling, Judge Chen Meirovich of the Local Affairs Court in Holon has canceled a building demolition order issued by the local planning and construction committee for the former “Rina” cinema building. The judge stated that there was an extreme improbability in the committee’s decision-making process, leading the court to protect the interests of the property owner against the public interest.
The building in question, owned by the Psagot company, is currently not in use. The company had attempted to change its purpose to offices, leading to a legal proceeding between the local committee and Psagot in 2018. Agreements were reached, and the court approved the issuance of a building permit based on those agreements.
However, it was discovered that the local committee had split the building permit into two stages with the intention of not complying with the court-approved agreements. Last year, the committee issued an administrative demolition order for internal flooring work and construction on the roof floor, which had already been completed in 2018. Psagot argued that they had not violated the agreements and requested the cancellation of the order.
During the trial, the judge was not convinced by the testimonies of the inspector who recorded the report for the company and the director of the inspection department at the municipality. The inspector seemed to lack proper knowledge or database of the case, while the director may have shown professional negligence in making the decision regarding the demolition order. Judge Meirovich criticized their actions in her decision, expressing disbelief at the arbitrary and negligent manner in which the decision was made.
“Arbitrarily, with true professional negligence without ascertaining all the data, a senior official of the respondent receives a decision regarding the issuance of an administrative demolition order which is a drastic order while completely canceling the presumption of administrative correctness to the point of disappearing from the world Faced with the manner in which the decision was made in this case. This is by ignoring cardinal data..” the judge wrote.
As a result, the judge canceled the demolition order, emphasizing the need to protect the property owner’s rights. This ruling has significant implications for future cases regarding illegal construction and the balance between private property interests and public interest concerns.
The Psagot company’s attorney, Eliran Haliva, welcomed the decision, stating that it rectified the committee’s attempt to harm the company. The ruling sets a precedent for ensuring fairness and compliance with agreements in similar cases.
The canceled demolition order brings relief to the Psagot company and highlights the role of the court system in safeguarding property owners’ interests. This case serves as a reminder of the importance of transparent and informed decision-making when it comes to urban planning and construction matters.