Situation:
The client, who had long boycotted the issuance of a building permit for a specific development project (subdivision and utility installation of approximately 40 plots), issued a building moratorium for the entire municipality following the approval and issuance of a regulatory plan for the area. At the same time, it stated that exceptions to the moratorium would be granted in justified cases.
Client’s Request:
The task was to ensure the cancellation of the building moratorium concerning the sold locality. The client feared that otherwise, buyers of the plots would withdraw from their sales contracts for the land.
Our Solution:
We filed a petition with the court to cancel the building moratorium, and through a five-step proportionality test, we convinced the court that the buyers of the plots have a legitimate expectation to be able to build on the land and that the municipality was acting abusively.
Result:
The building moratorium was annulled by the court with respect to the affected locality.