The best to compensation? Authorized opinion on closing A45 out there

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to: Thomas Matsatzky

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Lennestraße residents are more likely to be able to derive legal claims from noise and air pollution. Regarding damages to businesses and retailers, the legal opinion of the law firm Altrogge+ does not see any good prospects. © Cornelius Popovici

The damage caused by the closing of the A45 in the region is enormous. Whether and how it can be replaced is questionable. Legal opinion is now available.

Lüdenscheid – There is no doubt that the damage caused by the closure of the Rhemed Bridge in the region is enormous. But who is responsible for this damage? What are justified compensation claims? On the other hand, which ones are more difficult to confirm? In more than 100 working hours, four lawyers from the law firm Altrogge + prepared a legal opinion on the closing of the A45 and the resulting possibilities for compensation. The client was WKL (Lüdenscheid Business Development).

The results were a bit realistic. “It’s an exceptional situation that is difficult to legally assess,” says Markus Knuth. Kanzel’s attorney Altrogge+ recently presented the report at a WKL meeting. He is now showing it to the public with fellow attorney Arnd Katzky and WKL’s Andre Westermann.

The issue of guilt cannot be clearly explained

Who is involved? Knuth explains that the groups were divided: on the one hand into merchants/entrepreneurs, and on the other hand into individuals/residents, with the owners, for example, also being assigned to the first group when it comes to the vulnerability of the tenant of his origin. After all, when the lease was entered into, no tenant assumed that they would have heavy traffic of goods on their doorstep for five years, for example in Lennestrasse.

Andre Westermann, Marcus Knuth and Arnd Katzky (left) provided the legal opinion on the A45 shutdown at law firm Altrogge+.
Andre Westermann, Marcus Knuth and Arnd Katzky (left) provided the legal opinion on the A45 shutdown at law firm Altrogge+. © Thomas Matsatzky

The fact that the residents suffered there is as indisputable as the losses incurred by the businesses along the way. And not only them. The area, as well as the city’s retail business, is suffering, because many simply no longer want to come to Lüdenscheid. Shops along the detours are taking losses, whether it’s serving sandwiches, a haircut, or repairing a car. Disabilities are very diverse.

Legally, the question arises: who is to blame for this unpleasant situation? To prove guilt, omissions must be proven. Markus Knuth explains: “Have you deliberately failed to take measures to renovate or strengthen the bridge or build a new bridge at the same time?” Relationship here, that’s the problem. We want to be realistic, not populist. In other words, lawyers do not want to raise hopes that later will become castles in the air.

A large part of the work in the first part was to purchase all the necessary information. There is no information that the renovation or the new building has been postponed due to negligence on important points. They are considerations in condition. A document that could prove something like this would have explosive power. Even if there is a suspicion that these omissions may have occurred, there is no evidence to support them.

After all, the new federal government took over in order to simplify the Planning Act, for example. Now and here that would be appropriate!

So Knuth tries to focus on the status quo. “What are the disabilities? In any case, noise and air pollution for the population,” he says, “this is the best way to elicit factual claims.” For example, everyone assumes that the emission limit values ​​for Lennestrasse will be exceeded. But the correct numbers are still not available. It is precisely these numbers that residents need to confirm claims. A clean air plan can then be required from the authorities (the federal government responsible for this). You will have to try very hard to reduce emissions, for example by preventing trucks from driving at night or by blocking heavy cargo traffic. Half a year of bridge closures will end next week – but these concrete measures are still a long way off.

On the other hand, there could also be individual claims for noise protection windows that are now pledged under a new law. “But the responsibility shifted first,” Katzki criticizes, “The residents first have to pay in advance, and then the payment is made. The choice of work passes to the citizen. And if you don’t know the right craftsman right now, it will be difficult to get that help at first.”

In short: there are starting points, but they will by no means be easy, not even for the population. Then Andre Westermann directs the conclusion of the report to the political arena more. “With these measures, we are talking about symptomatic therapy,” he says, “it is important to me that the topic is not forgotten in principle. We have to fear employee emigration and corporate relocation.”

Not everyone knows the drama in the federal government.

Everyone should understand what it means when you give up months. Furthermore: “I have a feeling that the Lüdenscheiders are aware of the events of this withholding, but not everyone is familiar with this nationwide drama.” Arnd Katzke, who also hoped to start all research into more legal options, now counts on worker time. “No one wonders why things take so long,” he says, “the whole process has to be transparent so that when in doubt it is clear where time is wasting. Serious architects say such a new building could be done in a couple of years. But my concern is that it might It ends up being eight or nine years old. The coronavirus pandemic has recently shown that the legal basis can be adapted in the event of a disaster. This is a disaster. However, at the moment, I don’t have a feeling the Federal Department of Transportation sees this need.”

Specifically, Marcus Knuth adds: “The new federal government came into power to simplify planning law, for example. In order to shorten infinitely long processes – especially in building wind turbines. It is pure federal law that binds us. The federal government has to Now carry out her declaration. Now and here that would be appropriate.”

“Total result of legal examination” in the wording

In the legal opinion, the lawyers for the law firm Altrogge + came to the “overall result of the legal examination”:

In short, it can be said that claims based on error are fundamentally conceivable, but ultimately fail due to the lack of direct intervention.

Promising and promising claims are primarily those that are intended to compensate or require violations of the franchise boundary values. However, in these horoscopes, a definitive assessment is not possible at the moment, since these claims are related to individual cases and largely depend on the violation of established vaccination limits values.

In the future, one will have to deal with the question of how long the planning approval procedure for the construction of the new bridge is appropriate or at what points within this procedure the possibility of ‘expediting’ exists so that closure is not delayed. in addition to.”

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