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“Currently, we are comprehensively analyzing and evaluating the court’s arguments and the conclusions reached. In our opinion, the validity of some of the findings is questionable and raises a number of additional questions. We really have no plans to take urgent action. The current decision can be appealed within 30 calendar days, so we do not rule out the possibility of exercising this right ”, says Rūta Šimkaitytė-Kudarausk Head, Head of the Department of Municipal Law and Advice, in the response sent to BNS.
This week, the Regional Court partially upheld K26’s appeal and reversed the municipal administration’s decision in January last year not to approve the hotel design proposals and ordered the project proposals to be approved within five business days upon the entry into force of the court’s decision.
According to the court, the actual details of the unfinished Hotel Británico were legalized in the 2002 detailed plan, and it is the existence of this building that is the starting point for determining the possible requirements for its completion.
In addition, the intensity indicators for construction of buildings and plots provided in the project proposals presented do not contradict the current land use regulations in this area.
Therefore, according to the court, the municipality unjustifiably ordered the adjustment of the decisions.
“During the trial, the court did not find any circumstances that could constitute the basis for the Kaunas City Municipality administration to refuse to approve the Project Proposals-2, and the inconsistent actions of the City Municipality administration of Kaunas confirm that it clearly refuses to take actions within its competence without legal and reasonable grounds. ”- writes in the court report.
In addition, the court found that the Kaunas City Municipality administration had acted illegally and unreasonably by not approving the project proposals.
However, in the court’s opinion, the municipality’s decisions did not determine or contribute to the applicant’s willingness to enter into a franchise agreement under which K26 was to pay Hilton Worldwide Manage Ltd. 123.6 thousand LTL. EUR, given that this contract was concluded before the decision of the municipality, the part of the complaint regarding the award of this amount by the municipality was rejected.
This court decision can be appealed to the Supreme Administrative Court of Lithuania.
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