The Lviv District Administrative Court has rejected the claim of LLC “BINP LTD” against the Lviv City Council concerning a land plot at 16–18 Svobody Avenue in Lviv. The company sought to overturn a city council resolution that changed the designated use of this area from “residential and public development” to “public square”.
According to the Legal Department of the Lviv City Council, in court the city’s lawyers successfully defended the city council’s position. At the same time, the decision of the district court may still be appealed.
The case concerns a large plot in the central part of Lviv, where food service establishments previously operated. On one of the plots there is the “Gallery of Knights” restaurant, while on another the “Yazykata Teshcha” establishment operated for many years.
Both restaurants were registered as summer terraces; however, according to the city council, their actual size did not correspond to this status. Subsequently, the Lviv City Council refused to continue granting permits for the operation of these terraces, which led to lengthy court disputes, as a result of which one of the establishments was dismantled.
The city council believes that the current court decision is another step towards returning this area to the format of a fully fledged public space.
Earlier, the Supreme Court had already supported Lviv’s position on the dismantling of the summer terraces of establishments at 16–18 Svobody Avenue, overturning the decisions of lower courts that had prohibited the dismantling.