Federal Attorneys

On March 11, 2008, the Supreme Court in Jerusalem rejected the complaint by the owner of a restaurant on the coast of Nahariya against the Ministry of Environmental Protection. The defendant has requested an appeal against a decision of the District Court and on Dec. 12, 2007, to remove a wooden bridge he had on the Mediterranean coast of Nahariya in northern Israel.

Legal Proceedings
An administrator, to combat one of the owners of “The Terrace restaurant on the seafront of Nahariya was supported by the Ministry of Environmental Protection. College invited the owners to remove the wood construction of the bridge, it is necessary, without building permits, in a manner detrimental to the coastal environment. The contract was awarded under the law on the protection of the environment along the coast, 2004.
On June 17, 2007, the owner of a request for revocation of the appointment of the Magistrate’s Court Nahariya
On July 16, 2007, the Court rejected the request.
The petitioner has submitted to the Haifa District Court against the decision of the Magistrate’s Court and December 27, 2007, his appeal was dismissed.
On January 7, 2008, the petitioner filed an application for appeal to the Supreme Court, Coin Show from the High Court of Justice.

Decision of the Supreme Court

The Supreme Court decided that the petitioner’s request dismissal of the complaint. Firstly, because the case had already been tried in two courts, and can not claim has been discovered for the third round, and secondly, because it was found that the wooden deck, was threatened with habitat and breeding areas for sea turtles, and thus damage to the coastal and environmental protection under the law on the protection of the environment and the coast.

The Department of Environmental Protection is doing everything in its power to implement the provisions relating to the protection of the environment on the coast of the law and, therefore, the Supreme Court upheld the earlier decision parameter is ‘particular importance.

The construction of the bridge over Nahariya coast is a classic example of a blatant behaviour of entrepreneurs, who carry out their activities to the attention of the local authority against the public interest and in violation of the law . The Department of Environmental Protection has not yet exhausted all the means at its disposal to eliminate these risks and to implement fully the provisions of the Act and for the removal and disposal of all bridges on the coast Mediterranean.

At the same time, in early March 2008, as a consequence of the implementation of measures concerning the environment ministry, charges were brought against four companies, owners of restaurants operated side by Nahariya. The defendants are accused, the construction of bridges, their economic interests and the same, stocks, harm or damage to the environment and offshore block the free passage of public opinion, along the beach at odds with the protection of the environment on the coast of the law. The restaurant owner was also non-compliance with an administrative provision for the elimination of environmental damage.

This entry was posted on Saturday, March 29th, 2008 at 4:23 am and is filed under Administrative Law, Federal Attorney. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.