Bat Yam: Court validated land allocation for the Orthodox

In 2005, Bat Yam municipality allocated land Kollel Avraham Beis Yaakov organization to build a Torah campus on Carmel Lane in Bat Yam. Prior to the assignment there were two kindergartens. The kindergartens were closed and later demolished.

6 years later, and when no infrastructure works were carried out on site, residents approached the municipality to reconsider the allocation in light of the enactment of free education from age three and the demand for kindergartens following this. The municipality rejected the request and reaffirmed the assignment, without any discussion of the Petitioner.

Judgment criticized the conduct of the municipality, and determined that it acted in violation of the procedure of land allocation of the Ministry of Interior, and contrary to her own stated criteria. Judge Dr. Agmon Gonen, pointed out that the allocation was made without suitable advertising for residents, including a survey without architectural program uses as required, and no opposing arguments presented allocation protocol.

Moreover, the court ruled that the building permit was issued in the name of the municipality and not the name of the association as required by law, presumably to save fees, and that the petitioners request that the association began construction under the permit. Only the petition of the residents led to the municipality which ordered the cessation of work.

Judge Agmon Gonen's ruling emphasized that the defects in the allocation procedure are "only minor defects", as claimed by the municipality. "This is inherent defects which reflect public conduct an extreme deviation from the rules of good governance."

At the end of the ruling the judge stated the severity of the authority's conduct and instructed to give a copy of the judgment to the municipal auditor and the State Comptroller.