The villa was allowed by the courts to build and then ordered to demolish

Relied on dubious testimonies

In the initiative of the company Bostora and the two natural persons, the house with the outbuilding was built in 2016 with a building permit in 2016 at the Seaside Regional Park.

And this managed to prove in court that the protected area was allegedly a homestead.

Such evidence was supported by the testimony of a witness, which explained that there were once buildings near the pond.

The fact of the homestead had to be based in 2017. November 6th Certificate of archaeological exploratory research, bailiff's finding protocol, conclusion of architect and real cultural heritage specialist and other evidence.

In response to the application, the Directorate of Protected Areas of Lithuania Minor was then proposed to dismiss the applicant's request and dismiss it as unfounded.

It is argued that the cartographic material does not contain the fact of the presence of structures.

The Directorate was openly questioned by the testimony of the witness, as the same testimony was already used in another civil case, determining the fact of the former homestead on an adjacent land plot.

The witness boldly testified to the facts that could lead to important decisions about the times when he was just two three years.

The testimony of this resident was already presented in another civil case, determining the fact of the former homestead on the adjacent land plot of Bostora.

STT did not see the crime

In 2018, the Prosecutor General's Office applied to the court for reopening the case in defense of the public interest, but this only happened when environmentalists succeeded in receiving aeronal, which denied the fact of the homestead.

During that time, Klaipeda District Municipality had already issued permission to construction.

This is due to the fact that the court was convinced by the evidence presented by the builders and their hired archaeologists.

“The problem is that no one proved that any criminal offense was committed. A referral to the Special Investigation Service for the conclusions of the archaeologists who caused the issues was sent. But the STT did not establish anything illegal. Archaeologists STT said they were just mistaken, so no one proved that the maps could have been falsified, ”said Darius Nicius, the head of the Directorate of Little Lithuania's protected areas.

The judicial proceedings were renewed only after environmentalists approached the Prosecutor General's Office with new evidence.

In protected areas, construction can only be located on the site of former homesteads.

“The state did not regulate the documents that the former homestead was proved. Only the court could assess: legitimate or not there is evidence. After all, the court entrusted the evidence provided by the builders. Since we had no new evidence at that time, we did not appeal against the decision. The new evidence was obtained much later. After all, public authorities do not receive separate funding for lawyers' services. We are in the corner. We have a duty to defend the law and the public interest, but we have no resources in litigation, ”Nicius said.

Collects: D. Nicius emphasized that environmentalists do not receive separate funding costs, but even after winning the court, they will have to pay for strangers. / Photo by the Directorate of Protected Areas of Lithuania Minor

Distributed demolition costs

The Plungė District Court issued a ruling to demolish the villa, which has been a subject -matter of a year.

It was noted in the court's order that natural persons and spouses built a new unusual structure and a new non -residential, auxiliary, unusual structure with a new residential, auxiliary structure in 2016. August 25 the building permit issued.

« In the light of the totality of the circumstances set out, the court finds that the defendants Bostora, the natural persons, are not responsible for the consequences for the elimination of the consequences of the unlawful construction, » the ruling states.

The court ordered the builder to eliminate the consequences of the construction (20 %) of the Ministry of Cultural Heritage Department under the Ministry of Culture (50 %), Klaipėda District Municipality Administration (30 %), and to eliminate the effects of construction (20 %).

Thus, those who argued that the homestead should not have been restored at this location will have to pay for the demolition of an illegal construction object.

“The lower court trusted, to put it mildly, with incorrect data. Here is the reason why a building permit was issued. But there is no responsibility for the court for such a decision. There is no responsibility even an expert who has provided incorrect data, ”Nicius said.

Public authorities will now have to pay for only one house with a farm building, but the builders planned as many as six outbuildings on the site.

If they were to be built, they would have had to demolish these structures with public funds as well.

As the purpose of the plot was changed, it is likely that the builders planned to rent six outbuildings to holidaymakers.

Did not answer the questions

One parties have already appealed to the Klaipėda Regional Court of the Plungė District Court to the Klaipėda Regional Court.

The newspaper Klaipeda appealed to the court to organize the demolition work on the homestead builder.

Questions were sent by email to the Center of Registers specified by Bostora.

The automatic reply of this email states that the recipient's mailbox is overcrowded.

We are in the corner.

The businessman did not answer the questions sent by the newspaper.

According to the Center of Registers, Bostora is expected to be liquidated at the initiative of the Center of Registers under Article 2.70 of the Civil Code.

The Registrar of Legal Entities shall have the right to initiate the liquidation of a legal person when there is at least one of the circumstances.

One of them is that the legal person has not submitted the documents provided for in Article 2.66 (4) of the Civil Code within twelve months of the expiry of the submission of documents in this Code or other laws to the Register of Legal Entities.

The liquidation is also threatened when the management bodies of the legal entity are not formed and therefore cannot make decisions for more than six months.

Also eligible for those who in the Register of Legal Entities for more than six months may not specify a legal person's office or have not renewed their data in the Register of Legal Entities in five years and there is a reason to believe that this legal entity does not carry out any activity.

The term for the restoration of homesteads

“It is good that legal disputes will decrease in the future. In the past, there were attempts to prove even garden plants in courts about former homesteads. It was alleged that if the garden was growing, there could have been a homestead. Case law has already been formed, so the fact of the presence of the homestead is only evidenced by the evidence of the homestead itself. The Seimas adopted amendments to the law, which provides that people will only be able to apply for former homesteads by the end of 2027. From January 1, 2028 it will not be allowed, ”Nicius recalled.