Here is the translation:
1. Subject of Dispute: Dnipro City Council demanded termination of ownership rights and release of unauthorized occupied land by demolishing the “August” restaurant premises.
2. Main Court Arguments: The Supreme Court pointed to the need for thorough verification of case circumstances, specifically:
– whether construction/reconstruction was unauthorized;
– whether construction rules were observed;
– whether construction is legal from the perspective of water legislation.
The Court noted that previous judicial instances did not follow the Supreme Court’s instructions and did not verify key case circumstances, particularly the change in building area from 218.2 sq.m to 1,504.3 sq.m.
3. Court Decision: Cancel previous court decisions and refer the case for new consideration to the court of first instance for detailed examination of all circumstances.
