The Ninth Arbitration Court of Appeal dismissed the appeals of the Moscow Government and the Moscow City Property Department, and the decision of the first instance court it remained unchanged.
Earlier, the Arbitration Court of Moscow dismissed the authorities’ claim to recognize the building as an unauthorized construction and to demolish it. During the trial, a judicial construction and technical expertise was carried out, the results of which confirmed the position of the Principal of MCBA “Bureau of Lawyers “De jure” that the disputed building was created in 2005 and to this day its individually defined characteristics have not changed, and the building itself as a whole does not pose a threat to the life and health of citizens.
Also, MCBA “Bureau of Lawyers “De jure” managed to prove the fact of the expiration of the limitation period for the claim made by the Plaintiffs.
The interests of the Principal of the Bureau were represented by senior lawyer Rashid Gitinov.