The company LP Expo has failed with its complaint; it must remove the underground garages in Brno

Brno - The company LP Expo must remove underground garages on city land behind Lužánky in Brno at its own expense, confirmed the Constitutional Court (ÚS). The company's complaint was deemed clearly unfounded, as reported by ČTK from the resolution in the court database. The city leadership announced in April that it would turn to a bailiff because the company did not remove the structure within the court-set deadline.

According to the constitutional judges, justice duly considered all the circumstances of the case. "The conclusions of the courts do not exhibit any signs of arbitrariness, surprise, unpredictability, or excessive formalism. Therefore, the ÚS found no reason for its potential cassation intervention," states the resolution.

The garages were built in the 1990s in connection with the construction of Bobycenter. The company LP Expo, owned by entrepreneur Libor Procházka, later acquired them in an auction. According to the ruling of the Brno courts, which was also confirmed by the Supreme Court, however, they did not have a lease agreement with the city as the owner of the land.

In the constitutional complaint, the company noted, for example, that the verdict unilaterally favors the interests of the city and does not take into account specific circumstances, the extent of the construction, and the risks associated with its removal. The company emphasized that it purchased the garages in good faith, believing it would also acquire a legal title to use the land.

"Although the ÚS understands the applicant's dissatisfaction with the resulting situation, it is necessary to point out that the decision of the court of appeal implies that the applicant was aware of the absence of any title allowing her to use the relevant plots of land at the time of acquiring ownership of the subject building," states the resolution.

This is one of a series of disputes related to complex property relations in the vicinity of Bobycenter and the sports complex behind Lužánky. The courts have also dealt with the ownership of communications on city land. They confirmed that the communications are part of the land and thus belong to the city. Another dispute concerns unjust enrichment arising from the use of an outdoor parking lot on the roof of the underground garages. The Brno City Court rejected LP Expo's lawsuit against the city for the second time.