Rubbish dump home families win latest round
There is an end in sight for the legal battle over three houses build on an old dump ground in Rietz (Tirol).
A court of appeal went along with the families and the council must now pay.
After a five year long, nerve-wrecking legal battle with the municipality, the end is nigh for the three affected families. Their houses are located on an old dump ground, the court heard.
The local council was aware of that fact but didn’t warn the buyers. On the contrary, the plots of land were unreliably marked as building land in the council plans, specifies the judgement in the court of first instance. The municipality had appealed, but the courts gave the families the last word. There are no legal processes left.
To act against this appeal-decision, there is only a possibility of a revision in the highest court. The Tirolean Chamber of Labour, who is providing the families with legal assistance, doubts that the municipality could be successful – Rietz must pay, and if not the Chamber of Labour promises further legal protection.
Therefore, Rietz has to pay even if it appeals to the tune of 620,000 Euros.
The legal costs are not included. Friedrich Hohenauer, lawyer representing the municipality said that in this case, one hopes to negotiate with the region.
Whether the municipality uses this last legal resource or not will be debate on Monday evening during the local council meeting. The mayor Gerhard Krug does not wish to say more on the subject.