Brno - The Constitutional Court (ÚS) dismissed the complaint of Office Park Šantovka. The company sought judicial review of the procedures of the Olomouc regional office, which in January 2014 revoked the approval of the municipal heritage officials for the construction of the high-rise building Šantovka Tower in Olomouc. However, the Constitutional Court confirmed that only the final zoning decision can be reviewed, not partial opinions. The investor did not comment on the Constitutional Court's decision.
"A court review of the process as a whole that is too delayed can be insufficient from the perspective of protecting rights, but an overly premature review of individual parts of the process can paralyze collective decision-making processes within public administration," states the ruling of the reporting judge David Uhlíř.
The company specifically demanded the annulment of the judgment of the Supreme Administrative Court and the resolution of the Regional Court in Ostrava. As grounds, it listed violations of the right to a fair trial, judicial protection, and a legal judge. The Supreme Administrative Court has long stated that partial opinions are not subject to judicial review. However, the company pointed out that the court had previously issued a contradictory decision, and therefore an extended panel should have decided in its case. According to the Constitutional Court, however, this was an exceptional deviation from the court's decision-making activity, so the intervention of an extended panel was not necessary.
"Regarding further proceedings that are still ongoing, the investor reserves the right not to comment on the course of the proceedings in any way," said Juraj Aláč, spokesperson for Office Park Šantovka, today to ČTK.
Approval for the new construction was issued by the municipal heritage officials in March 2013, and the region revoked it at the request of the National Heritage Institute. Later, the region made the same decision again. The planned construction is causing controversy in Olomouc due to the potential disruption of the skyline.
In the past, the construction was hindered by height regulations in the zoning plan. However, last year the court revoked it. Before the city can amend the zoning plan, it wants to issue a building freeze on the surrounding land. The 75-meter-high Šantovka Tower is set to become part of a larger commercial, administrative, and residential complex.