Therefore, Mayor Zimmermann had to sign a remedy in November. The town hall thus bears the costs of this procedure.
Then the negotiation starts at 2:05 p.m. The chairman Richer Kümpel first of all deals with the problem in principle: “What is permitted with regard to the legal relationships? What has the plaintiff got involved with? The articles of association and the content of the contract are in the foreground. Then the content of the leaflet also fluctuates with the title: “Greetings in harmony with nature.” And that is the key question in the process. The chairman: “How did the city of Horb deal with the leaflet? In what contexts was it handed out? “
This leaflet mentions the permitted natural grave decorations. Roses can be seen in the photos, as attorney Kramer emphasizes.
Then Sven von Hacht was allowed to testify: “It was about – our father died in autumn 2017. He had only one wish: Not to be buried in a Christian cemetery. My mother was against a cemetery because no decoration of the grave is allowed there She decided in favor of the quiet forest because natural grave decorations are allowed there. That was advertised before the contract was signed. “
For the funeral at the end of October 2017, the person responsible for the product in the town hall, said von Hacht, sent the leaflet as a cover sheet with the grave leaseholder’s contract: “The lady confirmed the decoration permission several times over the phone and upon request.”
Then Mayor Ralph Zimmermann has the floor: “The leaflet was published by us at the time. We thought: The statutes are unambiguous. Because it is a relatively new form of burial, we believed we were being accommodating. In the leaflet it was stated that it was about Pine cones and other ornaments that occur in the forest went. We quickly noticed: The interpretations go far beyond what was meant. Therefore, the 2018 leaflet was withdrawn. ” The leaflet has been redesigned.
Judge Kümpel states: “The leaflet was also handed over to the respective contracts up to a period in 2018 that cannot be specified.” Nobody contradicts.
The presiding judge wants to know whether and how the leaflet has been misinterpreted by tenants. City hall attorney Emel Keremoglu: “There weren’t just individual stones lying around, but real grave arrangements and large flowers!”
The presiding judge looks at the leaflet: “There is a reference to the local forest as the place of origin. And individual flowers are mentioned. You can ask yourself: is it only about flowers that occur in the forest?
City hall lawyer Keremoglu: “On flowers that occur in this forest.”
Judge Kümpel: “I understand it to mean that I refer to flowers that occur in this type of forest. Individual flowers in the forest would therefore be permitted.” The lawyer of the Ruhewald tenant mentions the sample photos in the leaflet: “The photos show roses. An even more decisive factor: The city administration has tolerated this for years and thus tolerated the decoration as it is shown in the leaflet!”
The reporting judge wants to know how the city dealt with the “grave jewelery sinners”.
Mayor Zimmermann: “We cleared up after the dispute with the plaintiff arose. We did that consistently with all of them. The building yard doesn’t always go through. Usually every six to eight weeks. When it became clear that it would If there could be a compromise in talks with the bereaved, we have refrained from having the graves cleared. It will remain that way until the end of the year. ” Von Hacht contradicts in an interview with our newspaper: “This allegation in court does not correspond to the facts at all. It was first cleared without any explanation and then the dispute arose.”
Plaintiff-attorney Carsten: “There is the question of what legal basis one deviates from it. There was – if you admit – never the decision of the municipal council that this is to be tolerated.” Mayor Zimmermann: “We discussed this with our committee when it was clear that there could be a compromise.”
Then the public hearing is over. The presiding judge announces that the judgment will be announced in writing.
And? Does the ban on grave decorations end?
Attorney Martin Carsten: “If a car dealer beautifies the car and invokes the signed contract after the sale – okay. With a public authority like the town hall of Horb, in my opinion, the citizen’s protection of confidence should have more weight than all promises!”
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