Court will continue to examine Raduga Retail Park case
Anna Chernysheva is representing the interests of Maxim Petlin, the Yekaterinburg municipal duma. Petlin was unable to prove the illegitimacy of a city council decision to allocate a land allotment for the park in Sverdlovsk Region Arbitration Court, Ural Business Consulting reports.
"The court claims the only way to allocate an allotment is through signing a primary rental contract," Chernysheva said, according to Ural Business Consulting. "We feel, however, that a change in the way an allotment can be used (from 'a recreational facility', that is, a park for the locals, to 'allotment for the construction of commercial estate') is actually an act of providing a developer with a construction site. Any other interpretation contradicts the existing legislation and the emerging court practice. The appeals claim will be placed with the court within the required time period."
The plaintiff alleges that the city council illegally signed a rental contract with OOO INTEK connected to the land allotment. The council let OOO Shopping Center assume the rights and obligations of the contract allegedly without conducting any tender and without complying with standard land allotment allocation procedures.
On December 14, proceedings of Petlin's allegation of an antimonopoly violation were stopped since the violation was not confirmed. Petlin then took the case to arbitration court.
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