Metzner company: agreement only before the administrative court

metzner company: agreement only before the administrative court

In the end, everything fell into place. At first, it did not seem as if the district administration and the company matthaus metzner would be able to come to an agreement before the administrative court (VG) of bayreuth regarding their dispute about the correct operation of a gravel pit near pettstadt, but then there was a surprising turn of events. After all, it was about threatened fines in the total amount of 47.500 euros, which according to government councillor christina romig had become at least partially fallible.

They had been imposed in the course of the past year because the company – according to the authorities – had not only stored material piles too close to the rough ebrach, but also at a biotope puddle. In addition, a deep water zone was partially filled and the proof of a residual yield area was not properly maintained.

In the meantime, the court also admitted, the company had remedied these deficiencies to a not inconsiderable extent and, for example, removed the stockpiles at the rough ebrach and the biotope, as well as the fillings at the tidal water zone. Furthermore, according to matthaus metzner, this material was sampled and found to be sound by a surveyor. Thus, according to judge ernst konig, a part of the grounds for imposing fines was eliminated. "The rehearsals showed that the material was and is unencumbered", matthaus metzner emphasized this before the second chamber of the VG bayreuth under the direction of presiding judge schroppel. It had been a matter of washed out coarse material.

It would not have been easy to clarify by means of a declaratory procedure whether the demands made by the district administration were fulfilled or not. The chairman therefore proposed to refrain from initiating any compulsory or enforcement measures until a final decision had been reached, and ordered a break in the negotiations, which eventually worked wonders. The court took its time with the break and in the hearing room the parties suddenly moved towards each other in a very pragmatic way. Because some of the conditions imposed by the district administration had been fulfilled, chairman schroppel still had a "litigation risk" from about 15 to 25.000 euro seen.

Plain talk
During the break there was plain talk "10.000 euros and we waive the other 15 000", suggested christina romig. "Can't we agree on 5000?", matthaus metzner, suddenly quite in his element, countered. "The last word: 8000 euros, it came back from christina romig. Whether metzner found it difficult or not: "if it is to be paid in march", he showed a willingness to compromise, without refraining from making a few remarks about the changing role of women in society. And when the court resumed the trial, there was suddenly nothing more to do than to conclude the proceedings – with an offset of the costs – in an amicable and legally valid manner.

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