See also paragraphs 35-37 of the Ministry of Interior's response:
"The Respondent will argue that there were material flaws in the Municipality's conduct that justify the Respondent's intervention and the cancellation of the sale agreement. First, the expenses of a tender for a real estate transaction according to a designation that has not yet been approved are invalid and contrary to the Respondent's position. Beyond the element of uncertainty, which in itself causes a significant detraction to the Municipality's coffers, this is an improper course of affairs due to the possibility of undesirable influence on the planning process, which will accelerate its adaptation to the result of the tender and as an opening to possible harm to the integrity of the Municipality. ... To this, it should be added that against the background of the position of the Ministry of the Interior in previous cases, the Municipality was aware of the Respondent's reservations about the publication of tenders that did not correspond to the current planning situation, and which were published in the expectation that they would change in the future. Admittedly, in the past there were a few cases (only three) in which the Respondent approved engagements on the basis of such tenders, but this was in an exceptional manner, against the background of exceptional circumstances, including the financial situation of the Municipality, as will be illustrated below."
Yes, see paragraph 47 of the Ministry of Interior's response:
"The Municipality knew that the Respondent did not approve sales agreements of tenders that were published in contravention of the valid planning situation, and from the first response that disqualified the transaction out of hand, it should have known with a high level of certainty that the Respondent would refuse to approve the transaction after approving a plan that matches the purpose of the tender that took place several years earlier."
- This means that the municipality has received additional proof that the Ministry of the Interior will not approve the agreement that is the subject of this proceeding, even if the zoning plan is eventually changed accordingly, in addition to the answers and references given to it by the Ministry of the Interior until then, which have been repeated time and time again.
- 00For the sake of completeness, it should be noted that on May 23,2021, a Supreme Court ruling rejecting the Omarta petition was issued.
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