Brno succeeded in the dispute over communications on the land behind Lužánky, which belongs to the city

Publisher
ČTK
28.04.2021 21:20
Czech Republic

Brno

Brno – The city of Brno has succeeded in a dispute with the company Czechcity regarding the ownership of roads on the city's land in the area behind Lužánky. The roads are part of the land, ruled the Municipal Court in Brno today. The city wants to build a football stadium in the area, but the construction is obstructed by the properties of entrepreneur Libor Procházka. Brno claims that the roads in the area are part of the land and belong to the city, while Procházka argues that they belong to him. In the past, the city wanted to negotiate with Procházka for an exchange of properties, but the talks collapsed. The ruling is not final; the parties can appeal.


According to the city, the roads in the area, which include roads, sidewalks, and parking lots, belong to the land owned by the city. Procházka, on the other hand, claims he acquired them from entrepreneur Lubomír Hrstka, who previously built the Bobycentrum hotel and other facilities in the area. According to the city, Hrstka merely modified the roads, but Procházka argues that the original roads were removed and new ones were created.

Judge Alena Mezníková stated that the lawsuit is justified. She noted that according to established case law, functional roads are always part of the land. She also sided with the city's claim that in the past, most of the actions were modifications of the affected areas, not new constructions.

According to the verdict, the defendant must also pay the city the costs of the proceedings, which will be determined later.

After the verdict, Procházka told reporters that karma is just one and that the judge will certainly not sleep well after this decision. He did not comment further on the verdict. Procházka's lawyer Vítězslav Jíra stated that they will appeal the verdict. "I am surprised that the plaintiff's argumentation was accepted, which is in contradiction with the evidence presented and which conflicts with the legal opinions of the case law and the Supreme Court itself. But we will have to seek this in higher courts," Jíra said.

The leadership of Brno welcomed the verdict. "I am pleased that the court in the first instance confirmed our legal opinion that when Mr. Hrstka damaged the roads previously built by the city during the construction of Bobycentrum and subsequently repaired them, he did not become their owner through the repair and therefore could not later buy them from Mr. Procházka. The ruling of the Municipal Court in Brno is consistent with previous case law, according to which functional roads cannot be considered a separate subject of legal relations," said Róbert Čuma (Pirates), the councilor for property matters.

In the previous election period, the ANO movement, under then-mayor Petr Vokřál (ANO), proposed the idea that the city should exchange properties with Procházka behind Lužánky to build a football stadium there. Initially, it was about exchanging for apartment buildings, which the residents and some politicians opposed, then the exchange for some historical buildings was discussed. This was opposed at the time by the opposition and also by then-councilor for the Brno-Central district Markéta Vaňková (ODS), who later became mayor after Vokřál. According to the defendant, with the change in political representation, the city has lost interest in negotiations.

Since the beginning of the millennium, the football stadium behind Lužánky has been deteriorating, where Zbrojovka previously won its only title. Six years ago, it was revived by the farewell to the career of footballer Petr Švancara, which attracted over 30,000 people. The stadium occasionally hosts sports or cultural events, two years ago a film about the legendary runner Emil Zátopek was shot there.
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