KPD CONSULTING LAW FIRM HAS SUCCESSFULLY PROTECTED THE INTERESTS OF THE VOZDVYZHENKA COMMUNITY IN A DISPUTE WITH DEVELOPERS AND THE KYIV CITY COUNCIL
Population self-organization entity "Vozdvyzhenka Street Committee" contacted KPD CONSULTING Law Firm for legal protection in a dispute with the developer of the elite residential complex "Podol Grad Vintage".
KPD CONSULTING`s specialists in real estate practice reviewed building permits scrupulously, as well as checked compliance with the law by the developer, government authorities and the Kyiv City Council. The results of the reviewing revealed numerous and significant violations of the law. In this regard, KPD CONSULTING's lawyers drafted and filed claims in behalf of the community of the Vozdvyzhenka and the school next to the construction.
As a result of a difficult litigation, the court agreed with the legal position of KPD CONSULTING's attorneys regarding non-compliance with the law the procedure of issuing a land plot to the developer and entered a judgment in favor of the community. In particular, the historical and cultural purpose of the land wasn`t been taken into account during the transfer of the land plot for the construction of a residential complex, as well as the restrictions provided in this regard were ignored. The court also took into account the affiliation of the land plot to the State Historical and Architectural Reserve "Ancient Kyiv", so the land lease agreement for construction was made illegally.
Thus, by the ruling of the Northern Commercial Court of Appeal dated 02.03.2021 in the case No. 910/11316/19 the claim of KPD CONSULTING in behalf of self-organization entity "Vozdvyzhenka Street Committee" was granted. The relevant decision of the Kyiv City Council on the issuance of a land plot was declared illegal and revoked. The land lease agreement was declared invalid, and the State act on the right of permanent use of the land plot to the address: Voznesensky Descent, 28 was canceled.
State Historical and Architectural Reserve "Ancient Kyiv" is a complex of monuments of the historical center of Kyiv. The reserve "Ancient Kyiv" has the status of a complex monument of urban planning, and its entire territory has the status of land of historical and cultural significance.
Click here for more information about arguments of the parties and the position of the court in this case: https://reyestr.court.gov.ua/Review/95499909.
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