The court rejected the ombudsman's lawsuit regarding Šantovka Tower in Olomouc

Olomouc – The Olomouc Regional Court today rejected the lawsuit of the Public Defender of Rights against the territorial decision for the construction of the controversial high-rise building Šantovka Tower in the vicinity of the city’s heritage conservation area in Olomouc. Due to this lawsuit and the subsequent suspensive effect, the investor has not yet been able to apply for a building permit. The 74-meter-high Šantovka Tower has been a topic of discussion in Olomouc for years. Preservationists and some experts disagree with it, claiming that it would harm the historic skyline of the city. The project is backed by entrepreneur Richard Morávek. He asserts that the skyline of the center of Olomouc is not threatened.

According to the judge, the ombudsman’s office failed to substantiate its lawsuit against the territorial decision for Šantovka Tower with significant public interest. "I believe that the plaintiff, even though the court examined all evidence, did not prove that the construction of Šantovka Tower, as it was described, designed, and approved, poses a threat to the interest of protecting the values of the city’s heritage conservation area in Olomouc," she stated.

Ombudsman Stanislav Křeček told reporters that he would consider filing a cassation complaint. "We are surprised because the court found that we were not even authorized to file such a lawsuit, as we did not find an urgent or significant legal interest to file such a lawsuit. We believe otherwise. The protection of the heritage conservation area and nature is undoubtedly an urgent and significant public interest," he said.

Investor Morávek is satisfied with the court’s decision. "We welcome the outcome, of course. Our legal opinion has been confirmed that this lawsuit is unfounded. We are glad that we can continue our work," he told reporters. According to him, the court’s preliminary ruling had frozen work on the Šantovka Tower project, which the company will immediately resume following today’s court verdict. "We will start planning for the building permit," said Morávek.

The lawsuit in the public interest was filed with the city council in 2019 by then-ombudswoman Anna Šabatová, who stated that officials violated several laws when deciding on Šantovka Tower and permitted the location of the building based on unlawful binding opinions and in contradiction to the zoning plan. However, the territorial decision had already acquired legal force before this lawsuit was filed, allowing the investor to apply for a building permit and begin construction. The ombudswoman therefore requested the court to grant the suspensive effect to the lawsuit and was successful.

According to the legal representative of the city council, Ivana Hučínová, the council acted correctly in ensuring all necessary documentation and opinions. The lawyer for the Šantovka Tower project investor claims that the high-rise building does not interfere with any significant public interest. Furthermore, according to her, the ombudsman did not conduct the usual investigation and did not ask the city council to comment or provide the file.

According to the legal representative of the ombudsman, the Šantovka Tower project exhibits signs of systemic bias by the city council. This is because the city council entered into a cooperation agreement with the Šantovka Tower investor in 2010. The developer applied for a territorial decision regarding the placement of the Šantovka Tower at the end of 2017. The building is to be located on land within the protection zone of the city’s heritage conservation area.