On April 7, 2014, Ms. Or issued a letter of demand to those members in which she demanded to complete the balance of the payment, even though this was contrary to the agreement. According to the plaintiffs, some of them even approached the defendants on the question of whether there was room for such payment.
The defendants found themselves in a tangle between the need to provide a solution for the group members and their commitment to the group organizer. They did not provide a direct answer to those who contacted them, and instead Adv. Nof referred them to review the relevant agreements. Some of the recipients of the demand paid what was required of them and some did not. The plaintiffs claim that in this way, Ms. Or received ILS 763,450 to her hands in 2014, which was supposed to remain in their hands.
- The parties disagree on the question of whether the defendants should be held liable in relation to the aforementioned events, along with many other disputes that will be presented below.
The Rough Planning Road
- Between the years 2013-2015, Ms. Or submitted building plans for a joint project of Groups 102 and 104, in accordance with the ambition stated in the agreement, and tried to promote them through the project's architects on her behalf (architect Danny Mualem, architect Frans-Kanaf and architect Erez Ella).
But as we know, man plans and God laughs ("A mentsch tracht un gut lecht"), and new winds began to blow in the planning institutions in Ramat Gan.
In 2013, the mayor at the time, Mr. Zvi Bar, who also served as the head of the local planning and building committee in Ramat Gan (hereinafter: the local committee), was arrested. Subsequently, he was indicted on charges of bribery and breach of trust regarding the promotion of the interests of various real estate developers, and against this background he resigned from his position.
In July 2014, the local committee published the Reg/Mac/340C/53 plan, which significantly changed the policy of the city's planning and building institutions. In accordance with the plan, in any lot with an area of 600 square meters or more, it will be possible to approve a maximumof 40 years old for a legal investigation per dunam. This stemmed from the fear of the city's leaders of flooding housing units without a parallel increase in infrastructure, be it transportation, education, etc.
- This planning development threatened to undermine the ability to build significantly on the site, to a scale that would provide a solution for the significant number of members of the purchasing groups in Lot 104 and Lot 102. Andthe protracted proceedings have led to growing frustration in both groups.
- Or did not give up in light of the change in times in the planning institutions in Ramat Gan. She nevertheless tried to promote the plan in light of the special characteristics of the plots on the agenda, and estimated that the municipality's planning officials were attentive to the arguments of the professionals on its behalf. Against this background, efforts to promote the program continued in full force.
On February 17, 2015, Adv. Anat Biran contacted the City Engineer of Ramat Gan on behalf of Ms. Or, and noted that in view of the characteristics of the place, there was no impediment to approving the construction of a project on the two lots that would include 197 housing units (Appendix 59 to the defendants' affidavit). On March 29, 2015, the Planning and Building Subcommittee in Ramat Gan determined that it would be willing to examine a plan for 200 housing units, subject to the conditions specified in its decision.