Leases a property for the management of a cafe will not prevent the implementation of the TAMA 38 deal
The Tel Aviv Magistrate's Court rejected a request by a tenant of a commercial property located on the ground floor on Yehuda Halevy Street for an injunction prohibiting work on the realization of TAMA 38 in the building. And the balance of convenience, as well as the conduct of the applicant, his or her good faith, and when the request is filed ex parte, it is also necessary to examine whether he has disclosed all the relevant information. Obviously.
The court held that the applicant was aware of the plan to perform renovation work that may require the closing of the business for a certain period of time even when the contract is signed; When it was ascertained that the applicant's partners received the required information that the TAMA 38 project was planned for the building, and when it became clear that even the applicant himself knew positive information about the nature of the renovation under NOP 38, there is no cause for issuing an injunction.
The Honorable Court also found it appropriate to examine the potential damage of the tenants (and the developer) in postponing the implementation of the TAMA 38 project, when he found that a considerable part of the investment had already been made while handling the permit.
Graziani v. Titan Building and others was given on 15.1.2017