OhAlthough construction work has already begun, opponents of the further construction of the highway in central Hessen near Dannenrode did not give up. However, resistance is shifting from the forest to the legal level. Two farmers are suing the construction project.
In the first case, a farmer claimed that it was illegal to build pillars for the 400-meter highway bridge across B62 and Gleental on the grass he rented. He has filed an application for a temporary injunction to stop construction at the Alsfeld District Court.
The plaintiff leased the land indefinitely since 2003. According to lawyer Matthias Möller, the property is owned by Mittelhessische Wasserbetriebe. The company has issued a building permit to Deges Transport Project Company, but the property rights still belong to his client as a leaser. The farmer only agrees to remote drainage, not to the piers.
Litigation may be delayed
Two years ago, he showed him the plan for this building, but the negotiations were still inconclusive. After renegotiating in early March, the construction company will no longer report. In April, the excavator drove into the grass and started working under the protection of the police.
In the second case, the Hessen State Court must deal with basic rights litigation. The question is whether the Federal Republic of Germany is currently illegally constructing A49 on the plaintiff’s land in the Maulbach and Homberg regions. In his view, the federal government has not completed the nature protection measures specified in the planning approval decision in time and cannot intervene in the construction of its area in time. According to the order of the Hessian Land Consolidation Administration, the area was withdrawn from the hands of farmers. He is worried that his business will be adversely affected due to the bottleneck of feed and mud spread.
Since several grounds for the complaint were listed—the file includes nine files—and the process may take longer, the farmer also applied for an interim order to the state court. Previously, he failed in the emergency legal protection procedure of the Administrative Court of the Hessen State.
