Ramat Gan Must Pay Residents for Illegally Using Private Parking Spots
Translated & summarized from Walla by baba
Ramat Gan Municipality must pay 35,000 shekels to six residents for illegally using their private parking spots as paid public parking for five years. The residents sued after the municipality converted their spots on Dov Friedman Street into "blue-and-white" parking without consent. A court ruled that due to a statute of limitations and waivers in a prior settlement, the residents were only entitled to compensation for a limited period, significantly less than the 1.5 million shekels they sought.
The story in 5 lines · by baba
- Ramat Gan Municipality ordered to pay 35,000 shekels to residents for illegal use of private parking.
- Six apartment owners claimed the municipality used their parking spots as paid public parking since 2015.
- A court ruled claims were limited by a seven-year statute of limitations and prior settlement waivers.
- Residents sought 1.5 million shekels but were awarded only 2.3% of their claim.
- The court favored the municipality's valuation based on market rates over the residents' assumptions.
The Ramat Gan Municipality has been ordered to pay compensation to six apartment owners for illegally converting their private parking spaces into paid public parking for five years. The residents sued the municipality after it used their parking spots on Dov Friedman Street as "blue-and-white" (paid public) parking since 2015 without their consent. In 2018, the residents filed a lawsuit to reclaim their parking spaces, and a settlement agreement, approved as a court ruling in November 2019, stipulated the return of the spots by the end of May 2020, which occurred as scheduled.
Following the return of their parking, the residents filed a claim for approximately 1.5 million shekels, seeking fair usage fees based on an appraiser's estimate of 6.30 shekels per hour, plus additional claims for parking ticket revenue and restoration costs. The municipality argued the claim was inflated and baseless, and that the settlement agreement waived all financial claims for the period prior to the parking's return. They also claimed the delay in filing the lawsuit caused evidentiary damage.
Judge Tzachi Almog ruled that due to a seven-year statute of limitations, claims for the period before May 5, 2017, could not be pursued. Furthermore, the court determined that the residents had waived financial claims for the period between the November 2019 ruling and the May 2020 return of the parking. The judge awarded the plaintiffs only about 35,000 shekels, approximately 2.3% of the amount claimed. The court favored the municipality's appraiser's valuation, which was based on market rates and actual usage, over the residents' calculation assuming full occupancy 24/7. The ruling also noted that one spot was a disabled parking space and half of the other four was legally expropriated, leading to usage fees calculated for only two spots. The claim for restoration costs was dismissed due to lack of evidence.
Attorney Hatem Ayatt commented that local authorities cannot use private land for public purposes like parking without owner consent or legal proceedings. He added that such unauthorized use can entitle owners to demand eviction and fair usage fees, but these must be proven with expert appraisals reflecting market conditions, not assumptions of full occupancy. The ruling, Ayatt noted, highlights the risks of delay, including statutes of limitations and difficulties in proving facts, and that a large gap between claimed and awarded amounts can negatively impact cost rulings.