Uproar in Obersiggenthal AGIs the municipality trying to force a man out of his house for a building project?
Dominik Müller
24.9.2024
The municipality wants to demolish a 200-year-old house for a development. The owner is fighting back. And the canton is also getting involved in the dispute.
24.09.2024, 16:04
Dominik Müller
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Christian Mühldorfer's house would have to make way for a planned development in Obersiggenthal AG.
However, he does not want to sell his property.
This results in years of legal back and forth.
The canton of Aargau reprimands the municipality for procedural errors.
The municipality of Obersiggenthal AG wants to build a new development on Sternenplatz. The problem: Christian Mühldorfer's house is also located on the area that would be suitable for the development.
But the 59-year-old does not want to sell his 200-year-old property, which has the "3-Sternen" bar on the first floor and rented studios on the upper floors. According to Mühldorfer, the authorities are using legal harassment and trespassing to get him to give in anyway, as Blick reports. "Because I don't want to sell, I'm now being beaten up," Mühldorfer is quoted as saying.
In 2019, the municipality commissioned a study on the construction of the superstructure. The result is four possible options, two of which require Christian Mühldorfer's house to be removed. An attempt to purchase the property fails because Mühldorfer quotes a significantly inflated price for the property due to a lack of intention to sell.
Fictitious conversions?
Then the legal wrangling began. Mühldorfer had to submit a retrospective building application in 2019 - for conversions that took place long before his time. Three years later, he was finally accused of unauthorized conversions that had never taken place.
Another two months later, Mühldorfer missed an appointment with the municipality for a fire safety inspection. The representatives of the authorities nevertheless gain access to the house by holding the door open after a tenant unlocks it. The scene is captured on a surveillance camera. Mühldorfer has since filed a complaint.
Canton reprimands municipality
In March 2024, Mühldorfer received the next piece of unpleasant news: "As a result of the inspection, which took place without me, the municipality wanted to prohibit me from renting out my rooms again as a precautionary measure," he told Blick.
In addition, the suspensive effect was withdrawn, so he was not allowed to complain until the proceedings were concluded. "This is tantamount to expropriation in installments", says the 59-year-old. He was given 45 days to submit a building permit at a later date. "If I hadn't managed this, I would probably be bankrupt now."
Mühldorfer submits a written complaint to the canton of Aargau. The canton then reprimands the municipality for failing to keep records, misusing precautionary measures and providing false information.
Municipality defends itself
The municipality of Obersiggenthal defends itself against the accusations at the request of "Blick". The inspections were informal. Moreover, the precautionary measures were only taken to clarify the situation. The municipality cannot comment on the other allegations due to the ongoing proceedings.
Around two weeks ago, the municipality contacted Mühldorfer for the last time to date: They are waiving their right to appeal against the canton's decision. However, an inspection of the property is to be organized in the near future. Affaire à suivre.