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Jan 31, 2010

Courts reject appeal in Bet Shemesh construction

The courts have rejected the petition appealed by the Opposition of Bet Shemesh Municipality against construction in RBS C.

You can see the whole court decision in Hebrew here..

It never had much of a chance and I don't know why they bothered pursuing it rather than finding more realistic ways to fight the local demographics change - such as putting together groups of buyers to submit bids on projects.

Time to move on.

--- Somebody just explained to me that this is not a rejection of the appeal. Yet. This is a rejection of the Stay request.
Here is how it works, in his words...

Let's say I lose a case in court.
I file an appeal and, in the meantime, ask the court to stay the lower court's decision, so that no damage will be done.

The court can give a temporary stay on the decision, which means that the lower court's decision will not be implemented, pending the appeal court's decision.

When a motion to stay is filed, the court has to take into account two factors:

1 -- the chance for success of the appeal

2 -- the damage that will be caused to the respondent

Very often, the court will hint to the appellant, by denying the motion to stay, that the appeal has no merits.

That's what happened here. The court basically said that if you pursue this case, you will lose. In the meantime, since your chance of winning is so low, we are allowing the tenders to procede.

If the appellants withdraw the appeal at this stage, before the sides presented all of their arguments and having to attend hearings, the court might allow the withdrawal to happen without being ordered to pay court costs.

3 comments:

  1. Because they dont have the demographic desire to purchase housing there. They just want to stop the chareidim. Good ole anti-chareidi hashkafa at its best.

    ReplyDelete
  2. Keep in mind, this campaign was run by "All loving" chutnikim, and the mayor candidate who was supposed to be a different kind of mayor, not stooping to new lows.

    Glad he lost

    ReplyDelete
  3. Bet Shemesh has Been HijackedJanuary 31, 2010 3:08 PM

    Glad he lost and we have a different kind of mayor (for all of the people [his]).

    I heard promise a hospital within one year of his election (it's one year+ and we're waiting).

    I heard him say how he is the mayor for all of the people yet the only real budget promises (that were kept) were to charedim

    He stood by his dovair iriyah when this man said within a year Bet Shemesh will be the largest Charedi city in Israel.

    He told the residents of Nofei Aviv that they are the Zvulun who should support the Yissochers of the Charedim.

    Good ole anti not charedi hashkafa at its best

    ReplyDelete

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