Appeals rejected against construction in the Hassan Arfa precinct in Tel Aviv: 14 towers to be built
After four years of legal struggles, the Supreme Court has given the green light for a project in a precinct on Yitzhak Sadeh Street in Tel Aviv
25.11.15 | Shlomit Zur
The green light has been given for construction of one of the largest residential and business complexes in the center of Tel Aviv: The Supreme Court has finally approved the eviction of the last two holders of lots that are owned by Rubinstein Buildings Limited and the Omninet Partnerships, and which are part of the Yitzhak Sadeh precinct in Tel Aviv known as "Hassan Arfa", after dismissing the appeal of the holders against the eviction orders issued against them.
The Supreme Court's decision brings to an end the legal saga that began in 2011, and in so doing has removed the final obstacle standing before the land owners for construction of one of the largest tower building complexes in the center of Tel Aviv.
The Yitzhak Sadeh precinct, which is close to the Maariv House intersection, covers 80 dunam (80,000 sqm) and is one of the largest land reserves remaining within the city limits.
Despite its attractive location, the precinct was for many years occupied by a variety of businesses, predominantly vehicle repair shops, workshops, shops and car parks, and was in poor and neglected condition.
After approval of a new zoning plan for the precinct, a proceeding of consolidation and parcellation was carried out, and the precinct's designation was changed to that of employment and residence, for which there are plans to construct 14 office and residential towers having an area of 270,000 square meters, to be built around a park.
Protected tenant right lost
Rubinstein Buildings Limited and the Omninet Partnerships, represented by attorneys Ori Primo and Ram Museri of law firm Hamburger Evron & Co., own the rights in significant tracts of the precinct and have been working for a long time to promote and develop it.
In the interim, the companies have had to deal with the need to evict the holders and operators of the old businesses on their plots. After a lengthy proceeding to evict occupants at the site, two last occupants remained - Dvora Avineri and Nira Koritzky, who claimed the status of protected tenants, saying the tenancy right had passed to them through inheritance.
The District Court in Tel Aviv ruled last August that the holders of the land are not protected tenants, since each of them had abandoned the protected business of their fathers. The pair filed an application for leave to appeal the decision to the Supreme Court and even requested a stay of execution of the judgment.
Judge Dafna Barak-Erez rejected the applications for leave to appeal, and thus confirmed once and for all the eviction orders against the two holders.