42 Jerusalem Homeowners Sue Senior Judge Over Refusal to Approve Urban Renewal Deal
תומצת מתוך Calcalist על ידי baba
Forty-two Jerusalem apartment owners sued Judge Sarah Breiner for refusing to sign a demolition and reconstruction agreement in Beit HaKerem. They seek court enforcement or 3 million shekels in damages, citing economic loss and safety risks from old buildings. The dispute involves claims over a sukkah balcony and appraisal procedures, with plaintiffs requesting court intervention to proceed with the urban renewal project.
הידיעה ב-6 שורות · תקציר של baba
- 42 Jerusalem homeowners sue Judge Sarah Breiner over refusal to approve urban renewal deal.
- They seek enforcement of the demolition-reconstruction agreement or 3 million shekels in damages.
- Project involves replacing 41 old units with 124 new apartments in Beit HaKerem.
- Plaintiffs cite safety risks from old buildings amid recent missile attacks and earthquakes.
- Dispute includes Breiner's demand for a sukkah balcony and opposition to appraisal mechanisms.
- Plaintiffs request court to authorize deal execution and transfer case jurisdiction for impartiality.
Forty-two apartment owners in Jerusalem have filed a lawsuit against Sarah Breiner, the President of the Regional Labor Court in Jerusalem, at the city's District Court. The plaintiffs demand that the court compel Breiner to sign a demolition and reconstruction agreement for their Beit HaKerem neighborhood complex or alternatively pay 3 million shekels in damages. The lawsuit claims the total economic loss to all residents from the stalled deal is about 35 million shekels, though the claim amount was limited for court fee purposes.
The project involves demolishing 41 old apartments in two buildings lacking protected spaces and essential infrastructure, replacing them with a new tower containing 124 modern units. The plaintiffs, who represent approximately 85% of the complex's residents, signed the agreement with the developer, but allege that Judge Breiner refuses to endorse it. Their lawyers, Eran Spindel and Daniel Sela, state the deal offers residents larger, safer apartments without additional payment, backed by developer guarantees.
The suit also highlights safety concerns, noting the old buildings are vulnerable to missile attacks and earthquakes, risks proven during recent conflicts such as "Iron Swords" and "Lion's Roar." Despite prolonged efforts to avoid litigation, Breiner's refusal persists, allegedly due to unreasonable reasons including her claim to a sukkah balcony based on her apartment's location near a shared garden. Plaintiffs argue this demand is unjustified and legally improper.
Further points of contention include Breiner's opposition to the appraisal mechanism and the absence of rent adjustment clauses during evacuation. The plaintiffs maintain the agreement was drafted by resident representatives and should not be altered now. They also reject Breiner's claim about the existence of two parallel agreements, asserting both are identical and cover the entire property.
The plaintiffs request a declaratory judgment that Breiner's refusal is unreasonable, court approval to execute the deal, and appointment of their attorney to sign documents on her behalf. To ensure impartiality, they plan to request transferring the case to another jurisdiction. The Labor Courts spokesperson, Ruth Shamir, stated that responses will be provided through the legal process.
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