NSS rejected the complaint of the association in the dispute over the location of Bauhaus in Brno

Brno - The fighters against the Bauhaus hobby market in Brno-Ivanovice have not succeeded in their long-standing legal battle against the decision regarding the location of the building. The Supreme Administrative Court (NSS) rejected the cassation complaint of the civic association "Klidné Ivanovice," thus essentially confirming the validity of the zoning decision, as found today by ČTK from the court database. The hobby market is already completed, but due to parallel legal disputes regarding the legality of the authorized inspector's certificate, it has not yet opened to customers.
     According to activists, the decision regarding the placement of the building from 2006 is contrary to the zoning plan, which established a maximum area for sales spaces of 10,000 square meters. The actual commercial area of the hobby market is, according to activists, much larger. However, the Supreme Administrative Court concluded that officials in the zoning procedure correctly based their findings on the submitted documentation, in which the sales area did not exceed the specified limit.
     The NSS did not address in its current ruling whether and how the hobby market differs from the original documentation. If its area were indeed larger, it would mean that the authorized building inspector did not comply with one of the conditions in the zoning decision. The Supreme Administrative Court does not have the authority to assess that in the matter currently under review, stated in the ruling of the panel chaired by Petr Průcha. The verdict was made in September without a public hearing.
     The certificate that replaced the building permit for the Bauhaus construction is the subject of another prolonged dispute. The judiciary could not long agree on who is actually supposed to resolve complaints against the certificates. A special panel composed of NSS and Supreme Court judges ultimately decided that the certificates would first be reviewed by building authorities, and then administrative courts may resolve any disputes.
     The criticized hobby market in Brno-Ivanovice may open to customers thanks to a new perspective on the certificates. Until now, its operation was prevented by a preliminary injunction issued by the Municipal Court in Prague. Now the dispute over Bauhaus will return to the tables of the Ivanovice building authority's staff. However, protests will not cease, activists have announced, claiming that the store will burden the municipality with noise and traffic. They consider the certificate to be unlawful.