Penza court sides with city hall on Karpinskovo street flower shop building demolition
Penza, 31 August 2015. PenzaNews. The eleventh arbitration appeal court left unchanged the June 15, 2015 verdict of the Penza region Arbitration Court that instructed the individual businessman Sergei Mishinev to demolish the illegally constructed two-floor flower shop building on Karpinskovo street, adjacent to apartment buildings 37-33, on his own expense.
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The decision signified a negative reaction to the businessman’s appeal.
Based on the case information, the city administration department on property and urban planning and the businessman signed a land plot rent agreement for the flower shop on July 28, 2009.
On March 16, 2011, the parties signed a complimentary agreement on rent of a land plot of 163 sq. meters adjacent to Karpinskovo street, 37-33, for a flower shop for an indefinite term.
Later, the parties set the agreement term from July 28, 2009, to July 28, 2011. As neither side called for ending the agreement after the end of the term, it was extended indefinitely.
Therefore, the court decided that the businessman Sergei Mishinev is a legal renter of the landplot with the rights construct the flower shop on it: however, according to the city administration decree of July 28 2009, he was not allowed to construct any capital buildings on it as the flower shop is required to be a moveable construction that does not require state registration.
The city administration went to the court because of the fact that the businessman chose to construct a shop building on the site.
Moreover, the case documents signify that the businessman was fined 20,000 rubles for constructing the flower shop building without a permit, as decided by the Penza region Arbitration Court on February 24, 2014, on the request of the Leninsky area prosecutor.
Moreover, the defendant’s appeal did not have any facts to repel the original verdict, the decision says.