2024-04-09 23:51:19
Such an action by the prosecutor of the General Prosecutor’s Office became a real surprise for the residents of Juodkrantė who are struggling to save their homes. They learned about him only from the media.
The named amount was also surprising. Law enforcers believe that people should be paid for their real estate not as much as it is worth now, but as much as it cost in 2006.
Meanwhile, the municipality of Neringa assures that if Temide complies with the prosecutor’s request, it may simply become insolvent. All the more so since they have not yet finished compensating the damages awarded for the demolition of a fish restaurant in Juodkrantė.
In order to protect the public interest, the prosecutor of the General Prosecutor’s Office applied to the Administrative Court of Regions with a request to jointly and severally award 923,030.43 euros from the State of Lithuania and the municipality of Neringa in favor of seven persons.
Only the restaurant remained
The Klaipėda District Court, by its decision of April 10, 2009, satisfied the claim of the Prosecutor General of the Republic of Lithuania.
The 2002 decision of the Neringa Municipality Council, which approved the land plot located in Juodkrantė, L.Rėzos str., was recognized as illegal and invalid. 1A, detailed plan, the construction permit issued by the said Municipality in 2004 to build a yacht club, fish restaurant, yachtsmen’s hotels, other documents approved by the head of the Neringa Municipality and Klaipėda County, on the basis of which construction and reconstruction were carried out in the said territory.
Also, the court declared invalid the 2004 and in 2006 concluded a sales contract and applied restitution in kind.
Obliged the builder – the company Business Investment Projects Center – to compensate individuals for the amounts they paid for the purchased property.
The court also ordered the builders to demolish the two yachtsmen’s hotels and the fish restaurant located on this plot within 12 months from the date of entry into force of this decision.
in 2013 in May, the court decision regarding the demolition of the fish restaurant was executed, but the demolition of yachtsmen’s hotels has not been executed yet.
Can’t destroy
In this case, the procedure for executing the decision was changed by the Klaipėda District Court in 2020. In December.
The ruling noted that the State Spatial Planning and Construction Inspectorate, which took over the responsibilities of the bankrupt company Business Investment Project Center to demolish the yachtsmen’s hotels, will be able to do so only after the aforementioned persons who purchased housing no longer live in the demolished buildings.
The funds awarded by the court decision will be paid and the issue of eviction will be resolved.
By the decision of the Vilnius District Court in mid-February 2022, the company Business Investment Project Center was declared liquidated due to bankruptcy and was deregistered from the register of legal entities.
Based on the 2009 decision of the Klaipėda District Court, the people of Juodokranta who bought apartments from this company were left unpaid in the amount of 923,030.43 euros.
According to the General Prosecutor’s Office, if the obligation of the liquidated debtor (the company Business Investment Project Center) according to the Klaipėda District Court’s 2009 April 10 the decision made in the civil case to pay the awarded funds to the residents will not be executed, no further steps in the enforcement process are possible.
“This allows us to conclude that the court’s decision cannot be enforced in such a case,” the General Prosecutor’s Office liked.
Public interest
According to the prosecutors, the Klaipėda District Court in 2009 April 10 the fulfillment of the legally binding decision, made according to the prosecutor’s claim in defense of the public interest regarding the preservation of the Curonian Spit as a cultural landscape included in the UNESCO cultural heritage list, is in the public interest.
“The Constitutional Court of the Republic of Lithuania has repeatedly emphasized in its jurisprudence that court decisions that have entered into force are binding on all state government and management institutions, all legal and natural persons,” states the General Prosecutor’s Office.
The Lithuanian Court of Appeal stated that, in a specific case, the residents of Juodkrantė are not prevented, after the end of the bankruptcy process of the company Verslo investiccije projektoki center, from requesting damages from the guilty persons in the event that their financial claim in the bankruptcy case is not satisfied.
In the examined administrative cases, the Supreme Administrative Court of Lithuania has already stated that the guilty persons in this situation are the State of Lithuania, represented by the State Territorial Planning and Construction Inspectorate, and the Neringa Municipality, represented by the Neringa Municipal Council and the Neringa Municipality Administration.
The prosecutor of the General Prosecutor’s Office sought to enforce the decision in the civil case initiated by the general prosecutor defending the public interest regarding the preservation of the Curonian Spit as a cultural landscape included in the UNESCO cultural heritage list, and thus effectively protect the public interest, and applied to the court with a request due to damage, almost 1 million EUR, salary to seven property owners.
Didn’t know anything
Salomeja Rubinienė, who lives in one of the houses recognized as illegal and condemned for demolition, assured that she knew nothing about such a decision by the prosecutors.
“Not only did no one consult with us, but they didn’t even inform us. We only learned about this request from the media. Until we have seen the official documents, we cannot comment on anything. When we get to know them, then we will decide what to do,” S. Rubinienė told “Vakaru ekspres”.
So far, the residents of Juodkrantė have recovered only about a third of the money they paid for their houses.
They call the decision to transfer a considerable sum to a bankrupt company to the Center for Business Investment Projects the greatest stupidity. Instead of a full settlement with the people, the state’s money went to the company’s creditors.
The people of Montenegro have repeatedly warned that this will happen, but no one paid attention to it.
“Since restitution in kind has not taken place, we cannot be evicted. The Supreme Court clearly said that until our money is returned to us, we live legally in our house,” assured S.Rubinienė.
According to Juodkrantiški, the amount named by the prosecutors does not correspond to the real current real estate prices. People are asked to rate the amount they paid for their homes in 2006.
“This is nonsense. If we have to move out, we won’t buy anything with that kind of money right now. And where is the damage that we suffered fighting for our home for so many years”, asked S.Rubinienė.
Everyone will pay
The mayor of Neringa, Darius Jasaitis, also emphasized that the biggest mistake was made by transferring the money to the bankrupt company, and not to the people who paid it for the purchased housing.
“What naivety, I will not use another word, although I really want, it is necessary, to award money to a bankrupt company, obliging it to settle with people. Why wasn’t they sentenced immediately”, wondered D. Jasaitis.
According to the mayor of Neringa, the prosecutors’ words about the public interest being defended also sound strange.
“And those people who honestly bring their money to the municipal and state budgets, are they no longer in the public interest?”
As a mayor, it is incomprehensible to me that the Municipality can have to pay such a large amount when we already have so many problems. All the more so that for another two years you will have to pay for the demolished fish restaurant in Juodkrante.
With such law enforcement, the Municipality will soon become insolvent.
Unless the state listens to us and leaves Neringa the entire personal income tax. Then we will be able to pay,” said D. Jasaitis.
The mayor of Neringa wondered why the prosecutors, who are now so determined to protect the public interest, did not defend him and the people when they were clearly told that the money transferred to the bankrupt company would definitely not reach the people of Montenegro.
“Everybody knew about it except law enforcement.” And are you now thinking about what will happen if the situation changes and in the end they decide not to demolish the buildings in Juodkrante?” D. Jasaitis asked rhetorically.
That the bulldozers may not appear in Juodkrante, the example of Preila gives hope to those who want to save their houses.
“Vakaru ekspresas” wrote that the peace agreement approved ten years ago by Temides, concluded between Neringa municipality, the company “Preilos uostas” and other interested parties, was recently completed.
It officially ends the dispute over the famous Preila boat, whose sweep from the coast of the Curonian Lagoon was started almost two decades ago.
After the change in the legal regulations, the owners of buildings recognized as illegal have been given the opportunity to legalize these structures.
2024-04-09 23:51:19