In a lawsuit about noise pollution from a planned daycare center in Munich, the landlords of the site and the neighbors are now looking for solutions with the help of a mediator.
“The matter was referred to a conciliation judge,” said a spokesman for the Higher Regional Court (OLG) in Munich on Tuesday. “These judges do not oversee the proceedings, but rather, like in private mediation, try to determine the interests of the parties and discuss with the parties how the whole thing could be settled amicably.”
Four residents are suing against the building permit
The dispute is about a property in the Nymphenburg district of Munich that the property management company wants to rent to a private daycare provider for 25 years. However, four residents of two neighboring properties are trying to prevent this – initially with a lawsuit against the building permit.
The current process before the Higher Regional Court is based on civil law and takes up a special constellation: on the property intended for the day-care center there is a so-called easement, which grants the neighbors certain rights; this instrument is often used, for example, with a view to pipelines or necessary access roads. In the Munich case, the entry reads that “neither a public gas station nor an inn nor any other noisy or annoying business” may be built on the property.
The comparison with the conciliator would be binding
Is a day care center with the typical children laughing and crying a “noisy or annoying business”? In order to finally clarify whether this passage conflicts with the planned day care center, the property management company had filed a declaratory action. As a result, the Munich I Regional Court found – as is usual with lawsuits against noise from day-care centers – that the noise made by children playing is tolerable. However, the residents appealed this judgment to the next instance, which is why the case was heard before the Munich Higher Regional Court on Tuesday.
If the parties reach an agreement before the conciliator – there is no time limit for this – the settlement is just as binding as if it had been reached in court. If there is no agreement, the dispute ends up back with the previously responsible Senate at the Higher Regional Court, which will then make a judgment.
