The Committee for Architecture and Urban Development approved the land plot development plan submitted by Kremlevskie Palaty LLC (InvestStroy) with material law violations. The company was entitled to develop only 10% of the purchased land plot area, instead of 90% thereof. Previous attempts of the Company, including its appeal to the court for invalidation of certain provisions of the land plot development plan were not successful. The first instance court dismissed the asserted claims, including due to partially incorrect wordings of the petition declaration.
Rightmark Group represented the company after the relevant decision was appealed. Experts of our company convinced the court of appeal that the claims asserted by the client were subject to satisfaction, while the first instance decision should be revoked, even despite the fact that the original claims and the appeal petition were incorrectly worded.
Rightmark Group lawyers convinced the court that notwithstanding the imperfect petition form, the claims were reasonable in matter, as violations committed by the Committee materially interfered with the right to develop the land owned by the company. The court of appeal granted the appeal and satisfied the claims of the company, invalidating the land development plan insofar as the disputed elements are concerned, and compelling the committee to bring it in compliance with the current statutory requirements. Understanding the strength of the case prepared by Rightmark Group lawyers, the Committee for Architecture and Urban Development did not appeal in cassation against the court of appeal ruling issued in favour of our principal.