Court Overturns Petah Tikva Decision to Privatize Public Parking Lot

A district court has partially accepted a petition against the Petah Tikva Municipality and the Neve Oz Sports Center, overturning a decision that allocated a public parking lot in the Neve Oz neighborhood exclusively to sports center members and visitors of a nearby nursing home. Judge Eli Brand ruled that the decision lacked proper administrative procedure, written documentation, and justification, necessitating its cancellation. However, the cancellation's implementation is delayed until December 21, 2026, to allow the municipality to re-examine the parking arrangements.

The dispute centers on a plot of land designated as open public space, which had been used as a free, publicly accessible parking lot for years. In June 2025, an electric barrier was installed, restricting access to authorized users only, with signage indicating the lot was reserved for sports center members and nursing home visitors. This action prompted attorneys Limor Salman and Moran Ashkenazi, one of whom resides nearby, to challenge the municipality's decision.

In their petition, Salman and Ashkenazi argued that the municipality had unlawfully converted public land for the exclusive use of a specific group without the required land allocation procedures, equitable criteria, or city council approval. They also pointed to conflicting statements from municipal officials regarding the decision. The municipality countered that no land had been allocated and that the decision was administrative to regulate traffic and parking, claiming alternative parking was available and that the petition stemmed from personal interest.

Judge Brand dismissed the municipality's claims regarding the petitioners' standing and conduct. He found significant flaws in the decision-making process, noting the absence of any record detailing when, by whom, or on what basis the decision was made. Citing Supreme Court precedent, he emphasized the necessity of documented, reasoned administrative decisions. The court also highlighted contradictory statements from municipal officials, including one senior official who claimed no knowledge of the exclusive use arrangement.

The court concluded that the procedural defects were too severe to be rectified retroactively, even under the doctrine of relative nullity. The decision to cancel the exclusive use of the parking lot was therefore upheld, with the municipality ordered to restore the previous situation. The delay until December 2026 is intended to provide an opportunity for a proper, documented, and reasoned decision-making process. The municipality and sports center were ordered to pay 2,000 shekels in legal costs.