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Lucerne
The City Council is convinced: the criminal complaint against the “Eichwäldli family” has a legal basis
Residents of the soldiers’ lounge on Murmattweg 2 did not leave the building despite the executive’s ultimatum. Meanwhile, the city offers a deeper insight into the expired loan agreement for the first time. It turns out that no rent was required of residents.
Wednesday, 7:30 a.m. M., Murmattweg 2. Minus 1 degree ago. Smoke comes out of the chimney of the soldiers’ room. A clear sign from afar: this house is still inhabited. The last doubts about the neighbors’ intentions are dispelled with a banner on the fence of the property. There it is written “Demolition excavator in the sandbox.” The residents, calling themselves the “Eichwäldli family”, are known to oppose plans by the city of Lucerne to demolish the building, which was built in 1935.
7.55 am Three members of the “Eichwäldli family” leave the soldiers’ room and wait for what may happen. At 8 am sharp, two employees from the city of Lucerne appear and confront the three people in front of the fence. The latest ultimatum from the city of Lucerne has expired: it has announced that it will file a criminal complaint if the family has not left the property at that time.
There are people in the room again.
The five people talk for a while, then the employees leave. They told our newspaper that they wanted to check if the “Eichwäldli family” was still in the building. It is undeniable: there are people in the building. Also in the room, which by contract has not been allowed to enter for several years. Various faces can be seen, watching what is happening outside.
After the conversation, the three residents of “Eichwäldli” are surrounded by almost 20 people; Supporters who saw what was happening from across the street. Members of the “Eichwäldli family” do not want to speak to our newspaper. It is said that writing is preferred to speaking. A reference to an upcoming press release. The city has now also written such a statement: in it, the Lucerne city council claims that the Eichwäldli family also refused to leave the house on Thursday. “For this reason, as announced, the city filed the criminal complaint.”
The lease did not provide for rent
The announcement is for breaking and entering, says construction director Manuela Jost (GLP) upon request. It is directed against unknown persons; So against everyone in the building and in the area. The report also includes a request for a police eviction. “We have announced to the prosecutor that he signed the loan contract”, so jost.
The loan agreement, which expired in September, was signed by eight people in 2019. Of these eight, according to the city, three people still live on Murmattweg 2. Three more people are now registered elsewhere in the city of Lucerne, two of them no longer live in the city, according to Jost. In addition to the signatories, two other people have registered at Murmattweg 2. Manuela Jost also mentions that the “Eichwäldli family” did not have to pay any rent during the term of the contract. According to his own statements, the executive has already invested 150,000 francs in maintenance works on the building.
Now the ball is in the hands of the prosecutor
The loan agreement required residents to “comply with security rules, among other things,” says Jost. In particular, it was stipulated that there can be no more than ten people in the building. Furthermore, the Eichwäldli family agreed to no longer use the common room. Manuela Jost observes that the “Eichwäldli family” ignored both requirements. Manuela Jost does not accept the argument of the residents that the city does not have the right to request an eviction without a judicial procedure.
«The situation was clarified in a legally solid way. Otherwise, of course, we would not have sent the ad. “
Now it is up to the prosecutor to examine the complaint and the eviction request. The “Eichwäldli family” is still invited to participate in the conversation about the future of the area in early March, Jost said. It is important for her to note that the city council offered the “Eichwäldli family” in late August 2020 to jointly develop the area. The only condition was that further development could not be carried out with the existing building. The residents reportedly refused. “As the residents did not want to be separated from the soldiers’ room, the conversation was interrupted and no constructive solution was found.”
It is currently unknown if and when the police will be evacuated. The prosecution has yet to receive the report, says Simon Kopp, the prosecutor’s information officer, upon request Thursday afternoon.
“As soon as it is available, we will examine it and the responsible prosecutor will determine the correct course of action. But that’s still open. “