Olomouc will not file a constitutional complaint against the verdict of the Supreme Administrative Court in the case of Šantovka Tower

Olomouc - The Olomouc council today did not approve a proposal to file a constitutional complaint against the verdict of the Supreme Administrative Court (NSS), which in January upheld the ombudsman’s cassation complaint regarding the controversial project of the Šantovka Tower high-rise building. The NSS ordered the regional court to reconsider the ombudsman’s lawsuit and annul the zoning decision for the planned Šantovka Tower construction. The NSS justified its decision by stating that the so-called overcritical level of systemic risk of bias among Olomouc officials had been exceeded. The regional court has already annulled the zoning decision for the building, which is to be located next to the center of Olomouc. Officials will decide on the project again, but not in Olomouc.

Systemic risk of bias exists in proceedings where an official is also an employee of the municipality or region, and while deciding in delegated authority, i.e., on behalf of the state, regarding a matter related to the municipality or region. According to the NSS, such a risk existed in the proceedings concerning the placement of the Šantovka Tower high-rise building, because city officials were deciding on a proposal for which a cooperation agreement had been concluded between the city and the investor in 2010. In subsequent years, the investor pointed out this agreement, called for cooperation from the city, and mentioned the possibility of pursuing claims for damages. The court also noted the controversial nature of the building, its height, and its location near the historic core of the city. The related intense public debate must have been recorded by the officials.

The proposal for the constitutional complaint was prepared by a law firm representing the city council. According to Mayor Miroslav Žbánek (ANO), the Constitutional Court could, through the submitted complaint, set the boundaries for the overcritical level of systemic risk of bias, as this generally defined institute in the area of local government can be applied very broadly when interpreting the NSS verdict. "Any expression on anything that is the subject of administrative decision-making can be considered systemic bias,” he noted. The mayor's deputy Tomáš Pejpek (ProOlomouc) has a different opinion. According to him, the Šantovka Tower project is very controversial and a political action. "The council should let the courts act and not actively intervene in the dispute, otherwise it will confirm the intent to interfere with the result,” he warned.

The 74-meter tall building, which is to contain 90 apartments, is part of the new Šantovka district project that the developer group Redstone, led by entrepreneur Richard Morávka, wants to build near the center of Olomouc. The project is connected to the functioning shopping center Galerie Šantovka. Heritage officials oppose the high-rise building, as some experts believe it would damage the historical skyline. The lawsuit in the public interest was filed five years ago by then-ombudswoman Anna Šabatová, and later her successor Stanislav Křeček continued the dispute. The regional court rejected the lawsuit twice. The NSS upheld the public defender's cassation complaint in January. It ordered a reconsideration of his lawsuit and annulled the contested zoning decision.