Property in Eilat – Vendor Kiosks of Eilat boardwalk will be evacuated – the vendors will pay 50 thousand shekels.
Court: evacuation of the boardwalk stalls within 60 days. ”This is a forbid able stalls placed on either side of the boardwalk and the people need to force their way through the narrow path left”.
Property in Eilat north boardwalk Stalls and the salespeople will be removed immediately and will have to pay 50 thousand shekels court costs and wages. Ruled District Court in Beer – Sheva. This is after the Supreme Court has adopted the legal determinations regarding non-legal activities of the stalls and determined that they should be evacuated.
“Pastoral Eilat Boardwalk accommodates luxurious hotels, restaurants, shops – Coffee and street hawkers. Formidable kiosks stalls, stationed on either side of the boardwalk and forces walking pedestrians to walk through a narrow way left between them, instead of enjoying the sea air and the scenery spread out into the ruby mountains” so opens Beer – Sheva District Court Judge, Dr. Daphne Avniel, the judgment.
Already in 2010 the Court held that the stalls agreements signed by the former mayor “Gabi Kadosh for this part of the property in Eilat were without jurisdiction and exceeding their authority, and that they are against the planning and construction law, business licensing laws and public order. However, this ruling was appealed to the Supreme Court, much of which was rejected.
Although the Supreme Court adopted the legal and factual determinations regarding non-legality of the stalls and safety risks arising from them, but accepted the stallholders appeal, that they were not given an opportunity to defend themselves against an order of removal from the property in Eilat , which was not requested specifically in the original claim.
The Supreme Court returned the case to the District Court and directed the state to add to the claim the relief evacuation of the property in Eilat, Stall holders were allowed to amend the defense. These argued in defense against the evacuation relief, among other things, that the state has no cause of action and status against them, since the state is not the ground owner, which was confiscated by the city of Eilat in 1988.
Stallholders also claimed that they did not invade the, and that they are on the property in Eilat boardwalk because the municipality invited them to peddle it, so they attended and received permission. They also claimed that the licenses were issued and ownership rights law are for all intents and purposes, and cancellation is an inappropriate fundamental violation of rights.
They also believe that if the State has the right to remove them from the property in Eilat , it must find them an alternative place.
Judge Avniel ruled that there is no justification to prevent the evacuation of the northern boardwalk property in Eilat stands, “but asked the holders to leave the place.” She ordered the removal of the stallholders from the boardwalk and decided that if they will not evacuate themselves within 60 days, they will bear the costs of the buildings evacuation of the land. In addition, they were required, as stated, 50 thousand shekels court costs and wages.