The Supreme Administrative Court (SAC) returned the case for the road to Ahmed Dogan’s summer property to the Burgas Administrative Court for consideration on the merits. According to magistrates, this is a common practice.
The Supreme Judges consider that the argument of the Burgas Administrative Court that there is no subject of dispute is illegal.
In this case, it is a lawsuit filed by the formal company-owner of Dogan’s summer barns – „Hermes Solar“, against a decision of the Municipal Council in Burgas, which overturned the scandalous one on April 28 to cross the road into private hands. However, the magistrates in Burgas left the case without consideration, because according to them the company has no legal interest in the dispute. The ruling was attacked before the SAC, which now ruled that the case should be heard and rejected the motives of the lower court in the seaside town.
In October 2020, in an interview with Iskra.bg, the municipal councilor Konstantin Bachiyski alerted that according to him, the Municipality of Burgas was throwing dust in the eyes of the people in the case with the road that leads to Dogan’s summer barns. The reason is that the local government did not do what was necessary not to lose the property. On the contrary. It could be argued that she deliberately wanted to lose ownership of this road and have it returned to private hands.
Bachiyski then explained to Iskra.bg that the majority in the Municipal Council had voted for a proposal to repeal the scandalous decision from April, in which there were many omissions. One of them was that it had no motives. Thus, in practice, it was possible to attack the decision and then the road again passed into private hands – something that Bachiyski himself has been fighting against since the first day.
It remains to be seen whether the Municipality of Burgas will protect the public interest and defend its right to property when considering the case on the merits.
