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21 Sivan 5767 - June 7, 2007 | Mordecai Plaut, director Published Weekly
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NEWS
High Court Postpones Decision on Future of Matityahu East

By Yechiel Sever

The High Court postponed for 45 days a decision on Sunday 17 Sivan regarding the future of Matityahu Mizrach the expansion of Kiryat Sefer, deciding to uphold for now the interim order not to allow residence in or building in the neighborhood. The ruling was intended to give the sides 45 days to complete their rebuttals to claims lodged in court on Sunday based on a request by the State Attorney and with the consent of the construction company through an authorized representative.

Hundreds of avreichim who purchased apartments in the community arrived at the court thinking that after all their efforts to guarantee the success of the new suit, they would finally be able to move into their apartments. The area is a major expansion to Kiryat Sefer, and includes areas built by the Green Park and Hefziba construction companies.

The hearing went on for over six hours. During the final hour the discussion focused on the claim that Modi'in Illit lacks a city building plan. The plaintiffs argued that in the absence of a city building plan, even according to Jordanian law there is no way to approve a city building plan for new neighborhoods in the city. Whatever the legal merits of this argument, it has no relationship to the origins of the suit that alleged that the lands were acquired illegally. Furthermore, it brings no apparent benefit to the plaintiffs and just harasses the hundreds of families who are waiting to move into their completed apartments and others who are waiting for their homes to be finished.

In response, the State Attorney's representatives, based on the view of the respondents including the construction company, asked to complete the summary in writing. The court granted the request and gave the respondents a 30-day extension followed by another 15 days for the petitioners to complete their claims.

The apartment buyers who took the trouble to attend the hearing expressed resentment when the court refused to allow a representative of their buyers' committee to appear, though permission is usually granted for a lay representative to address the court if they have not hired an attorney.

 

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