Developer failed with the transformation of the former Mosilana at the Constitutional Court

Brno – The company Financial Consortium, which plans to transform the industrial complex of the former Mosilana in the center of Brno, was unsuccessful with its constitutional complaint. This complaint targeted the actions of municipal heritage officials who refused to issue a binding opinion on the removal of certain buildings until the ministry resolves the proposal to declare them a cultural heritage site. The constitutional complaint is premature because the company also filed an administrative lawsuit. Therefore, it has not exhausted all other options of defense, which is a prerequisite for a potential intervention by the Constitutional Court (ÚS), as the Czech News Agency (ČTK) learned from the resolution in the court database.

The company stated in its complaint that the municipality and the regional authority intervened in its legal sphere and that it turned to the ÚS for "processual caution." However, the Constitutional judges argued that such a procedure is not possible.

"The position of the ÚS can be metaphorically compared to a 'safety brake' that can only be used after all usual and anticipated means to prevent the emergence of threatened harm, that is, the violation of constitutional rights, have failed. Conversely, proceedings concerning constitutional complaints are not an imaginary 'shortcut' that could bypass proceedings conducted by other public authorities," the resolution states.

In the contentious proceedings, the company requested the issuance of a binding opinion on the removal of buildings listed on two ownership deeds. One encompasses practically the entire area of the former Mosilana between Křenová and Vlhká streets, Špitálka, and the railway line in the Trnitá cadastral area. The second pertains to another group of older industrial buildings in the Zábrdovice cadastral area between the Prague viaduct and Cejl.

The former Mosilana consists of several original factory complexes from the 19th and the first third of the 20th century, merged into one unit in 1949. According to the heritage officials from the National Heritage Institute, it is a well-preserved example of the Brno textile industry with historical, architectural, and urban value. A few years ago, the association Za Brno nezbourané and some municipal politicians opposed the plan for complete demolition. The plan then evolved. Several architectural studies and offices worked on a concept that would allow for new utilization of the area while preserving the spirit of the place.

An expert commission selected, at the end of last year, from the submitted proposals (K4, Chapman Taylor, EBM Expert, CMC Architects, Arch Design) the proposal from the AiD team studio. "The proposal for the volumetric solution of the site responds to the footprint of the original buildings, preserves historically significant buildings, defines the main compositional axes, connects to the proposed transport skeleton, ensures permeability of the area, and newly determines spatial and functional connections," the architects wrote.

The studio now has the opportunity to finalize and complement the proposal. They will also incorporate some inspirational ideas from other architects. By the turn of April and May, it should be clear regarding the potential memorializing of the Mosilana complex, the developer informed on its website and social media.