ט"ז אלול התשפ"ד
19.09.2024

Harish: District rejected a Orthodox organizations request for a temporary injunction

Orthodox organizations rejected by the Auction Committee in Harish, appealed against the decision, and also sought an injunction • The judge said: very low chances of the petition, and therefore there is no point in the order

Harish: District rejected a Orthodox organizations request for a temporary injunction
פלאש 90

Eight months have passed since the publication of the auction in Harish, five months have passed after all proposals were submitted, and a little more than a month since the published results of the auction which rejected orthodox organizations. Today (Wednesday), the Haifa District Court rejected the application of the latter.

Recalling, shortly after the announcement of the auction committee that the suggestions of the Orthodox organizations were excluded, the organizations asked to order the cancellation of part of the auction, and simultaneously issued an injunction aimed at stopping the implementation of the resolution.

The organizations argued that the failure to issue an interim order under this auction may place them in an irreversible situation, if the petition is finally accepted. Judge Rivi Lemelstrich-Letter argued that the damage may be caused by non issuance of the order is a financial loss and therefore reversible. "Such circumstances do not justify issuing an interim order," she wrote.

In her judgment the Judge elaborated at length why the associations were indeed apparently coordinated, she pointed to the seemingly obvious price fixing, and noted that some of the claims of cooperation but were not denied by the organizations.

At the end the judge ruled that she rejects the request for the order and required the organizations with a fee for the amount of NIS 3,000 for each representing office.

The great blow for the Orthodox organizations is not just the fact that their request for an interim injunction was denied, but the fact that Judge Lemelstrich - Letter noted in her decision that "the prospects of the claim itself are low, and perhaps particularly low."

Disqualification of the Orthodox organizations in the auction brought that those knocking on the doors of the contractors who won the land, and offers them to purchase the land. Contractors, who won plots for funny prices, are now struggling with the question how to move forward. Lowest winnings allows a tidy profit from selling the apartments after construction, but there is also a temptation to sell for a quick profit which bought the land at rock bottom prices, buying groups or other companies who did not win.

All that remains is to follow if according to the Judge's decision the petition by ultra-Orthodox organizations will be drawn.
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