Leviathan Page #2
of a land parcel of 0.66 acres
cadastral number 28:136:254:2001,
along with the residential building,
automotive works shed,
repair garage and greenhouse.
Mr Sergeyev petitioned the Zagorye
District Court to repeal this Decree.
The Court ruled to deny the petition.
Mr Sergeyev then petitioned
Pribrezhny Town Court to appeal.
During proceedings, Mr Sergeyev
insisted the court ruling be revoked.
The Town Administration
rejected the appeal
and upheld the ruling
of the Zagorye District Court.
Mr Sergeyev states the initial ruling
violated procedural regulations
and therefore disputes the conclusion
that the seizure of the land parcel
is lawful.
He says the Administration did not
meet the deadline for notifying him
and violated the procedure
for determining the purchase price.
He also contends
that, when determining the price,
the court did not consider
an independent evaluation he submitted,
which values the property higher
than determined by the Administration.
Me also states
that the Administration
violated civil law.
Mr Sergeyev was not notified
of the upcoming seizure a year in advance
due to which he incurred expenses
related to improving his property.
Also, the purchase price did not consider
his loss of business revenue
as well as his liabilities
to third parties.
The Court ruled:
by Decree No. 1295pf Pribrezhny Town Administration,
the land parcel shall be seized
to build a town communications centre.
The Decree determines the purchase
price of the land and structures
as 639,540.27 roubles.
The purchase price was determined
based on an evaluation.
Per Mr Sergeyev's request,
Alliance Ltd estimated the value
of liabilities
for the loss of agricultural production
due to the seizure of the land parcel
of 0.66 acres for the town's needs.
The market value of the liabilities
constitutes 3.5 million roubles.
The court questions...
...and deems it invalid.
The Court upholds the purchase price
of 639,540.27 roubles
as determined
by the Town Administration's evaluation.
The Court rejects the statement that
the purchase procedure was violated.
The case file contains letters
about the purchase and testimony
of Town Administration officials
stating that Mr Sergeyev
had been notified
of the seizure of the land parcel.
on Mr Sergeyev's claims
that he didn't receive
these notifications.
Having examined Mr Sergeyev's appeal,
Pribrezhny Town Court has concluded
that Mr Sergeyev failed to establish
grounds to repeal the court ruling
pursuant to article 330
of the Civil Procedural Code.
As per articles 320-335 of the Civil
Procedural Code, the court denies
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