Kroměříž - The District Court in Kroměříž today did not grant the Olomouc Archdiocese the garden center in the Podzámecká garden in Kroměříž. It was opened in 2012, and its construction cost approximately 20 million crowns. Five plots of land, three of which are now built with a garage, workshops, and facilities for employees, were seized from the church in 1949. The character of the land at the time of seizure was completely different than it is now, explained Judge Jana Ivánková. The ruling is not final.
At the time of the seizure, according to the judge, there were only greenhouses on the mentioned plots, which did not have the nature of buildings as they do today. "Without this part, the castle and the Podzámecká garden can be fully utilized," said Ivánková. The castle and the mentioned garden were returned to the archdiocese during church restitutions in 2015.
According to Petr Wünsche, the legal representative of the National Heritage Institute (NPÚ), under which the garden center falls, it is not possible to return the plots because they have been built upon since being taken from the church. Furthermore, they supposedly have a completely different function than before. "The center is supposed to provide methodological and educational activities for all historical parks and gardens in the Czech Republic," Wünsch stated.
On the other hand, the legal representative of the archdiocese, Stanislav Hykyš, argued before the court that the plots historically constituted church property and that the church lost them through appropriation. "At the time of the seizure, the plots contained greenhouses, which are accessories of the Podzámecká garden and castle. The proceedings revealed that the sole purpose of the current buildings on the relevant plots is to serve as facilities for the maintenance of the Podzámecká garden and the castle. The defendant is obligated to return such buildings and plots. These buildings serve no other purpose and cannot serve any other purpose," said Hykyš.
He now intends to consult with his client, the Olomouc Archdiocese, about further steps. He reportedly intends to recommend filing an appeal to the Regional Court in Brno. "I believe the court did not assess it comprehensively, especially regarding the wording and purpose of that law. The properties we sought were clearly built for the castle and the Podzámecká garden, and the court is now evaluating their existence entirely in isolation and detached from context," he stated.
In contrast, the legal representative of the NPÚ was satisfied with the court's ruling. "From the justification presented by the presiding judge, it is clear that the court fully agreed with our arguments. And that in every point. Of course, we consider this ruling to be just," Wünsch stated.
The District Court in Kroměříž is also expected to decide on a dispute between the NPÚ and the Olomouc Archdiocese over the ownership of the Květná garden. The state refused to return it to the church during restitutions, prompting the archdiocese to file a lawsuit last June. However, based on today's ruling, it cannot be predicted whether the court will proceed similarly in this case, even though it is, according to Wünsch, partially a similar situation. "There are still other conditions that have yet to be met for the Květná garden to be returned. For example, the condition of functional continuity, as defined by the law on property settlement with churches," added Wünsch.
The first hearing in the case at the court in Kroměříž was originally scheduled for last November but was canceled at the last minute. The archdiocese wanted a different court to rule on the case than the one in Kroměříž. However, the Regional Court in Brno rejected its request as unfounded. The archdiocese has filed an appeal with the Supreme Court, which has not yet made a decision.
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