New Heřminovy failed in the fight against regional development principles

Brno - Nové Heřminovy in the Bruntál region have definitively failed in their fight against the principles of spatial development of the Moravian-Silesian Region. The Supreme Administrative Court today rejected the municipality's cassation complaint, whose part is to be flooded by a new dam, as reported by ČTK from the official board. The Regional Court in Ostrava similarly dealt with the municipality's complaint in February.
  According to the NSS, while the construction of the reservoir will significantly impact the life of the municipality, this fact alone does not render the construction illegal. The reservoir has a clearly defined purpose and is in the public interest. The region chose the project variant that is more favorable for the municipality - it preserves its core area.
  "The planned construction of the Nové Heřminovy reservoir is not constitutionally illegitimate, discriminatory, arbitrary, or excessive, and the part of the spatial development principles of the Moravian-Silesian Region that includes this construction cannot be deemed illegal for this reason," stated court spokesperson Sylva Dostálová. The NSS also emphasized that the municipality was passive during the approval of the principles and did not raise any objections, which now greatly limits the options for judicial review of the development principles.
  In its complaint to the regional court, the municipality claimed that the project is unnecessarily costly and harmful to nature. Effective flood control measures could allegedly be achieved with smaller and cheaper modifications to the riverbed. As one of the means of fighting the dam, the municipality chose to sue the regional planning documentation.
  However, the Ostrava court stated that the construction is in the public interest. "In this case, its positive contribution in terms of flood protection prevails," said court spokesperson Lucie Böhmová in February. This was followed by an unsuccessful cassation complaint.
  The construction of the reservoir in Nové Heřminovy has been discussed for several decades. It became pertinent after the catastrophic floods in Moravia and Silesia in 1997. The government ultimately approved the so-called smaller variant of the dam. The Upper Odra Basin Authority has already purchased most of the land and properties, and the demolition of some buildings has already begun.
  A referendum regarding the planned dam was held in the municipality in 2008. The majority of residents then expressed opposition to the plan. However, part of the people sought a new referendum. They argue that the construction of the dam is a fait accompli and that the result of the original vote unnecessarily ties the hands of the council. They must reject the project and cannot use it for the development of the municipality. However, calling for another referendum was unsuccessful.
  Construction is scheduled to begin in 2018. Including additional flood protection measures and the rerouting of roads, it is expected to cost around six billion crowns, according to Prime Minister Bohuslav Sobotka's April statement.