Josef farm owner erna schmidt and her son nikolaus are pissed off. "We were informed by the municipality of weilersbach on 17. October simply tore away the bridge over which we drove for 60 years from the barn with our agricultural machines directly onto the forchheimer strabe. And it refuses to create a replacement for it. A scandal, sue the farm owners.
In the meantime, the two parties only communicate through their lawyers. Since july, a complaint by the farmers is pending at the administrative court of bayreuth. The lawsuit was rejected in the first instance. "For purely formal reasons", emphasizes lawyer helmut gebhardt, bamberg, who represents the weilersbach family in court.
Mayor gerhard amon sees the municipality in the right. The municipality had partially piped the stream and needed a compensation area for this and proposed the drainage ditch of the weilersbach stream along the forchheimer strabe for this purpose. For this reason, a water law procedure has been initiated.
Right to his of the municipality
The decision clearly states that the municipality is allowed to tear down the bridge, explains mayor amon. He points out that the decision to remove the structure, which was erected some 60 years ago with the consent of the municipality, was made unanimously. There was no dissenting voice, amon recalls. He looks forward to the legal dispute with composure. The land on which the bridge stood belongs to the municipality. Also with the widening of the brook course before the property of the family schmidt exclusively municipality property was taken up.
Moreover, the notice of approval for the construction of the machine hall from the 1980s already states that the farmer must erect a bridge with a load-bearing capacity of twelve tons. The family has ignored this for decades.
Lawyer helmut gebhardt sees things differently, of course. Even if the bridge was on municipal land, it had tolerated its use for 60 years. And: the building was erected with the approval of the municipality of weilersbach and the district office of forchheim. Then there must also be a driveway, the lawyer concludes. I have my doubts as to whether the municipality can simply rub off the bridge after such a long time," says the lawyer.
"In my opinion, the demolition of the bridge was illegal in any case", gebhardt finds. The lawsuit has a suspensive effect. "Somebody had to declare immediate execution. And that did not happen".
Therefore, the lawyer demands that the municipality build a new access road. Thereby he refers to prazendenzfalle. This has been done for two properties in weilersbach. Apart from that, the widening of the creek does not bring anything for flood protection.
Since the creek bed narrows again after the schmidt property, he could not understand the sense of the mabnahme. The legal dispute continues.