Developers of the cut-down grove in Rostov-on-Don lost the lawsuit in cassation.
The Fourth Cassation Court rejected appeals against the decision to demolish an unauthorized construction on the site of a cut-down grove in Rostov-on-Don. The position of the city administration, which insisted on the legality of actions regarding the plot, outraged activists.
As reported by "Caucasian Knot", in April, the Supreme Court of Russia returned the activists' lawsuit regarding the illegality of construction on the plot of the spruce grove to the appellate instance, which sent the case for reconsideration. On September 9, the Primorsky District Court of Rostov-on-Don obliged entrepreneur Maria Tambieva to demolish the unauthorized construction on the plot at the intersection of Zelenaya Street and Sholokhov Avenue, where the spruce grove was cut down. The struggle of the townspeople to preserve the spruces has been ongoing for several years: in November 2023, activists demanded to stop the cutting down of trees near the Aviators Park in the Primorsky District.
The court on November 11 considered four cassation appeals regarding the land plot at the intersection of Zelenaya Street and Sholokhov Avenue, where the spruce grove was cut down. The appeals were filed by entrepreneur Maria Tambieva, Rostov-on-Don resident Andrey Pern, his daughter, and the administration of the Primorsky District.
The court denied all appeals, lawyer Irina Yakimiv, who represents the interests of residents protesting against Tambieva's actions, told "Caucasian Knot". "So far, we only know the fact of the denial. The full text of the ruling will be available in a few days," she noted.
The applicants sought to overturn the demolition decision, while the city administration unexpectedly supported them at the hearing, the lawyer said.
"They demanded to overturn the decision of the Primorsky District Court and recognize the actions of the officials of the Primorsky District Administration, who allowed Pern to buy the plot at a reduced price, as legal, as well as Pern's own actions in reselling this plot. Interestingly, the city administration sent its representative to the court, and he actively supported the cassation appeals, stating that there were no dishonest actions by the officials of the Primorsky District who issued the permit for the purchase of the plot at a reduced price. At the same time, when the plot was first allocated, the officials themselves noted that there were violations of fire safety distances, and a report on fire risks was attached to the application for the plot. When such a report is submitted, although it is usually not required, it means that something is not right," Yakimiv explained.
She noted that such a position of the city administration greatly outraged the townspeople present at the hearing, defenders of the grove: "the people were literally crying out in outrage." The district administration, whose representative "barely made himself known," was simply "drawn into" the process to reduce the amount of payments for court costs, Yakimiv believes. "If they hadn't been there, the entire amount would have had to be paid by Tambieva and Pern, but now there will be a claim against the district administration. Against the backdrop of these actions, even the question arises of where the officials get their salaries – from the state, and thus, from the people, or from Pern and Tambieva?" she added.
Pern's wife claimed that the family was left without money, and no one invited them to the court regarding the plot, and she only heard about the case now, but these claims do not hold up to scrutiny, Yakimiv reported.
"Considering that they recently received 16 million rubles for the sold plot, it is hard to say that they are without money. And regarding non-participation – she is a practicing lawyer and as a lawyer knows well that she could have entered the process as a third party. It was impossible not to hear about this case – the whole city was talking about it," she stated.
The court's decision does not mean the end of legal disputes. "Pern's representative has already stated that he will fight to the last. But I don't think the Supreme Court will be swayed by his arguments," the lawyer concluded.
"Caucasian Knot" currently does not have comments from Maria Tambieva, Andrey Pern, and the administration of Rostov-on-Don regarding the process.