- Dispute over bushes on cycling path: hardly a chance for plaintiffs
Dispute over high costs for pruning branches and shrubs along a cycle path is still pending at the Administrative Court of Münster. Judge Markus Schwegmann, however, gave clear indications to the plaintiff, a pensioner, during the oral hearing. As the owner of the property, he is responsible. "It's your property and your responsibility," the judge said. The 80-year-old refuses to pay an invoice sent to him by the state-owned company Straßen.NRW.
The state had requested the plaintiff to trim shrubs protruding into the cycle path from his property on a country road in the district of Coesfeld in August 2022. After he failed to comply, the state-owned company sent him a cost estimate of €2,762.66 and hired a company to do the work.
However, the pensioner sees no danger to cyclists and maintains his lawsuit against the payment request. He argues that as a pensioner, he cannot afford it. Judge Schwegmann will inform the parties of the verdict at a later date in writing. However, he made it clear during the hearing that the chances of the 80-year-old winning are slim. The state-owned company also did not escape criticism. A new decision with a detailed breakdown of the costs is necessary. So far, the state has only presented a cost estimate without a breakdown.
The pensioner has decided to take the dispute over the cost estimate to the Court of Justice, as he believes that the Administrative Court of Münster's verdict will not be in his favor. Despite the high costs, the state-owned company should provide a detailed breakdown of the expenses in future cost estimates.
