The court ordered the removal of an illegal flower kiosk on Chornovola Avenue.
The Lviv Regional Court of Appeal on Tuesday, January 28, confirmed the illegality of the property registration for a kiosk located at 2a Chornovola Avenue and ordered the company LLC "Kvitkova Perlyna" to dismantle it. This was reported by the legal department of the Lviv City Council on Facebook.
The kiosk in question is located at the beginning of the avenue, opposite the "Lviv" hotel. The flower pavilion operated for over 15 years, but according to the city council, it has been illegal for the past few years.
LLC "Kvitkova Perlyna," according to data from the YouControl service, was founded in 2007. Since 2009, it has rented a plot of land totaling 0.014 hectares on Chornovola Avenue, 2a, where it constructed a temporary flower trading pavilion covering 110 m2.
The land lease agreement between the company and the Lviv City Council expired in 2019. After that, LLC "Kvitkova Perlyna" appealed to the Mykolaiv District Court, where it illegally registered ownership rights for the kiosk. Subsequently, the company attempted to extend the lease agreement for the area under the kiosk.
The legal department of the Lviv City Council filed a lawsuit to annul the ownership rights to the pavilion and to bring the land into compliance. The court proceedings lasted several years, and ultimately, the Lviv Court of Appeal ruled in favor of the Lviv City Council, ordering the kiosk's dismantling and the land's return to the city.
“LLC ‘Kvitkova Perlyna’ must remove the obstacles for the Lviv City Council to use the land by dismantling the unauthorized construction – a non-residential building at the address of Chornovola Avenue, 2a,” states the court ruling.
The head of LLC "Kvitkova Perlyna" is Lviv resident Yevheniya Shpyelyk. Besides her, the founders include several entrepreneurs who sell flowers at the pavilion.
“The city hall understands the difficulties faced by the employees, who have become victims of the company's illegal actions, but the law must be upheld by all,” comments the legal department.
Additionally, the ruling of the appellate court became effective on the day it was issued; however, the company has 30 days to appeal to the Supreme Court.