Victory in the Supreme Court of the Russian Federation — the result of a dispute over the illegal inclusion of Kachkin & Partners client’s land plots in the green zone
The dispute over illegal inclusion of four land plots belonging to the leading representative of the Russian battery industry, the Rigel plant, into the common green zones area resulted with the victory in the Supreme Court of the Russian Federation thanks to Kachkin & Partners team of Real Estate and Investments Practice.
In March of 2019 St. Petersburg law included these company’s plots with the actual absence of planted land on them, however, in the planned new public garden, which was contradicting federal and regional laws. This excluded the possibility for the company’s client to normally use its lands for the intended purpose and became a gross violation of its rights.
When considering a dispute in the first instance, the contested normative act was recognized contrary to the law in the relevant part and was cancelled, and the Supreme Court of the Russian Federation confirmed the legality and validity of this decision.
- Cancellation through legal proceedings of St. Petersburg law regarding the establishment of unreasonable requirements for the town-planning solution plans issue
- Legal protection of St. Petersburg Government resolution on the approval of the site design and boundary-setting plan from challenging
- Recognition as inoperative of the order of the Leningrad Region Culture Committee on the approval of the place of interest’ boundaries
- Challenging the validity of Nevsky Prospect Regulations, approved by the Committee for Urban Planning of St. Petersburg
- Recognition as inoperative of certain St. Petersburg provisions of the law «On public green areas»