The home-owner’s price in Shoham: Those entitled to “Series B” refuse to delete the petition

The refusal is despite the court’s recommendation given two weeks ago during the hearing - The significance of the petitioners’ refusal to delete the petition is that they expect the court to make a reasoned decision as to why the petition should be rejected

24.12.17 | Ori Chudy

The local Shoham residents entitled to the Series B home-owner’s price program are maintaining their refusal to delete the petition they filed, despite the court’s recommendation, given two weeks ago during the hearing to delete the petition.

It may be recalled that during the course of that hearing, the judges did indeed recommend that the petitioners delete the petition, but at the end of the day they granted the petitioners another 15 days to examine the solutions discussed between the state and the Shoham Local Council in respect of increasing the supply of apartments in the town under the home-owner’s price program. The 15 days have now expired.

The significance of the refusal of the petitioners, represented by Attorney Effie Michaeli, to delete the petition is that they expect the court to make a reasoned decision as to why the petition should be rejected.

It may be recalled that prior to the hearing held in the High Court of Justice on December 7, which was held before Justices Yehuda Amit, Noam Solberg and David Mintz, the State Attorney’s Office argued in the name of the state that the attempts to increase the number of apartments in the project intended for local residents had been fruitless, and that the state was interested in going back to the original plan and publishing a lottery as it should have been published originally.

In the context of the petitioners’ response to the court today (Sunday), the latter noted that at the Shoham Local Council they had expressed agreement to a possible solution to increase the number of residential units to be designated to those entitled to Series B who are local residents, by changing a lot designated for rental housing in the town in favor of the home-owner’s price program – which would lead to the possibility of giving entitlements in the project and to adding another 54 apartments for local Shoham residents.

This response of the Council, which was sent to the petitioners by attorney Yuval Galon, was attached to a response submitted to the court. But, in parallel, attached to the petitioners’ response was also the response of the State Attorney’s Office, which stated that it was difficult to implement the solutions reached at the Ministry of Finance and the Ministry of Construction and Housing with the Council. The state wrote in this regard: “in the opinion of the respondents, public interest demands that the lotteries be held in Shoham in the proper order.”

However, the State Attorney’s Office also stated in their response that if a way was found to increase the number of housing units, despite the difficulties that arose from the proposed solution, there could be a situation of an additional lottery for the local residents in respect of the additional housing units added.

In a response sent by the petitioners to the court this morning, the latter wrote to the court that “the petitioners wish to update the Honorable Court that they are insistent about their petition and that they believe the petition raises a primary legal question regarding the manner in which the lotteries for the home-owner’s price program are being conducted at the Shoham Local Council.”

At the same time as the petitioners’ response and their refusal to delete the petition, those Shoham local residents entitled to Series A, intend to also send a response of their own to the court, in which they request that the petition be rejected and the petitioners charged with expenses. Attorney Menachem Abramowitz of law firm Hamburger Evron & Co. is representing the local Shoham residents holding Series A entitlement.