1. The subject of the dispute is the appeal of the decisions of the Odesa City Council regarding the granting of a land plot for lease for the reconstruction and maintenance of a gas filling station, as well as the recognition of the invalidity of the lease agreements for this plot.
2. The court of cassation instance, overturning the decisions of previous courts, proceeded from the fact that the placement of a gas filling station on land classified as residential and public development is a violation of the requirements of land legislation, since such facilities should be located on transport lands; the court emphasized that each category of land has a clearly defined designated purpose, and the use of land for purposes other than its intended purpose is unacceptable; the court noted that the courts of previous instances did not take into account the established judicial practice of the Supreme Court on this issue, in particular, the position stated in case No. 904/186/23, where the illegality of placing gas filling stations on land of a different designated purpose was emphasized; the court also took into account that the illegal classification of a land plot as land for residential and public development leads to a decrease in the rental rate and underpayment of funds to the local budget; at the same time, the court refused to satisfy the claims for declaring the lease agreements invalid, since there is a real estate object on the plot that belongs to the defendant, and declaring the agreements invalid would violate his rights as the owner of the real estate.
3. The Supreme Court partially satisfied the cassation appeals, overturning the decisions of the courts of previous instances in the part of refusing to recognize the decisions of the Odesa City Council as illegal and issued a new decision recognizing these decisions as illegal, and in the other part, the decisions of the courts were left unchanged.
