The mayor and the City Duma again failed to challenge the possible development of the center of Samara

The Arbitration Court of the Volga District in the case of changing the zoning of two land plots on Mayakovsky Spusk sided with Golden Chariot Samara LLC. The company planned to build a hotel complex on this territory, but its plans were prevented by a resolution of the City Duma. The company appealed it to the Arbitration Court of the Samara Region. However, the FAS of the Volga District, having considered the complaints of the city parliament and the mayor of Samara Dmitry Azarov, sent the case for a new trial to the first instance, which again ruled in favor of Golden Chariot Samara LLC. Despite another loss, the City Duma plans to appeal the decision to the Supreme Arbitration Court.

Yesterday, the Federal Arbitration Court of the Volga District made a decision for the second time in the case of changing the zoning of two land plots on Mayakovsky Spusk. This time the court sided with Golden Chariot Samara LLC (owned by Cyprus Boldea Holdings LTD, director Igor Shibaev - Kommersant). Let us remind you that the company is trying to give the land plot on Mayakovsky Spusk the status of a zone allowing commercial development. Golden Chariot Samara LLC owns two plots: at the intersection of Mayakovsky Street and Volzhsky Prospekt (1,677 thousand sq. m) and on the slope under the Monument of Glory (1,394 thousand sq. m). Now they have parking lots. Golden Chariot Samara LLC received ownership of the sites in 2008, when the territory belonged to zone C-1 (central public and business zone), which allows the construction of almost any objects. At the beginning of 2010, the company decided to build a hotel complex on its land plots. In February of the same year, the city department of construction and architecture issued the company with an urban planning plan for the territory. The customer, in turn, prepared an investment project. Golden Chariot Samara spent 10.7 million rubles for these purposes. It was planned to build about 45 thousand square meters on the territory. m of real estate, including a hotel, business center and administrative building.

However, in April 2010, the company’s plans were hindered by the decision of the Samara Duma - the city parliament, based on the results of public hearings, changed the C-1 zone to the P-2 zone (the zone of parks, boulevards and embankments). The public actively opposed the development of the territory. Golden Chariot Samara LLC challenged the decision of the City Duma to change the zoning in the regional arbitration court. In December 2011, the court granted the firm's claim. The City Duma and Mayor Dmitry Azarov sent a cassation appeal to the Arbitration Court of the Volga District. The latter returned the case for a new trial to the lower court. But this time too, the city authorities failed. Now the decision of the regional arbitration court was supported by the cassation court.

“Despite the court’s decision, the Samara Duma continues to insist that the territory within the boundaries of Volzhsky Prospekt, Mayakovsky, Molodogvardeyskaya streets and the regional government building should retain the status of a zone of parks, boulevards and embankments. We will appeal the decision to the Supreme Arbitration Court. The law allows this. In our actions, we are guided by the wishes of the residents of our city, who are protesting against the development of the descent to the Volga,” commented the chairman of the city Duma, Alexander Fetisov, on the court’s decision. The Samara City Hall told Kommersant yesterday that they have not yet decided whether they will appeal the decision of the cassation court. “This issue is currently under discussion,” explained the information and analytics department of the city administration. The phones at Golden Chariot Samara LLC were not answered yesterday. It was also not possible to find out on what basis the Arbitration Court of the Volga District refused to satisfy the complaint by the mayor and the City Duma.

According to lawyers, the city has virtually no chance of turning the situation in its favor in the Supreme Arbitration Court. The fact is that the land plot of Golden Chariot Samara LLC acquired before changes were made to the PZZ. In addition, the company managed to develop an investment project for a hotel complex, which means its interests were violated.

Ekaterina Vyushkova

Samara authorities released Mayakovsky