Today, the residents of the cultural free-haven ADM summoned the Amsterdam municipality in ‘Kort Geding’ (=> interim proceedings). They are claiming that Amsterdam enforces the perpetual clause in the purchase contract and thus prevents the public- and social interests of Amsterdam from being damaged by hundreds of millions.
More background information:
The terrain was purchased by Chidda Real Estate LLC in 1997 with the proviso that the municipality of Amsterdam always has the first right of repurchase and that only an authentic shipyard can be established on the 42-hectare terrain.
Chidda intends to give way to Koole LLC, an asbestos remediator and demolishing company, and that has nothing to do with a shipyard. This is also what Prof. dr. Dr. R.P.J.L. Tjittes six months ago concluded in an expert meeting organized by the city of Amsterdam*.
If the municipality of Amsterdam approves Chidda’s plans, the destination restriction will effectively be removed and the terrain will increase 5 to 10 times in value. Chidda is only concerned with this increase in value, which means that around €100 million in community capital from the municipality will go to this real estate entrepreneur. According to the Supreme Court, the public- and social interest of Amsterdam is thereby seriously damaged.
Because then the municipality will permanently lose control of this crucial situated area, and metropolitan developments such as HavenStad and the like will be limited in advance.
A majority in the city council has voted in favor for strict enforcement of the restriction of destination, but the ‘College’ (=> Amsterdam’ Municipal Board) won’t listen, despite all the warnings. A resolution about the ADM terrain, adopted in summer 2017 by the City Council, about not to take irreversible steps until the municipality has carried out further financial economic research, has still not been implemented.
The ‘College’ has thus been warned, but in this case it seems to be more in favor for the financial interests of a private party than for the public interest.
The consequences, both for the residents and for the city, are major.
There is nothing left to do for the residents than to go to court.
Stichting ADM Leeft – Hornweg 6 – 1045 AR Amsterdam
E: office [at] adm [dot] amsterdam – W: www.adm.amsterdam – KvK: 34195209
UPDATE: This court-case will be held on July 23rd. 2018 at 13.30 (Court-house Parnassusweg, Amsterdam)