BCC 581/2007

This case involved a request for a contractor to stop building and demolish and building which had violated planning regulations. The buildings included both residential and commercial use but the municipality had failed to prove it had changed the status of the area to a residential one.

Background

A municipality filed a case against a contractor before the civil court requesting the contractor to cease a building project and demolish buildings which had violated the regulations of the municipality.

The court dismissed the case.

The municipality appealed the ruling before the court of appeal. The court dismissed the appealed ruling and upheld the appealed ruling.

Decision

The municipality appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. It was said that the court misunderstood the disputed decision and prevented it from practicing its authority on urban planning issues. The municipality said also that the court had established its ruling based on the argument that the municipality had failed to equate between the contractor and other owners of buildings though these buildings were located in a commercial street.