Верховний Суд легалізував кіоск-кав’ярню, що був розташований у центрі Львова.
The Supreme Court has upheld the decision of the Commercial Court and denied the Lviv City Council's lawsuit against LLC "Lorelei," which demanded the dismantling of the constructed kiosk at 3 Pidkovy Square and the vacating of the illegally occupied municipal land.
This concerns the kiosk located at 3 Pidkovy Square, where the "Aroma Coffee" café is currently situated. According to the case materials, the land plot of 0.0066 hectares at 3 Pidkovy Square is in municipal ownership. The kiosk, with an area of 48.3 m2, was privatized by LLC "Lorelei" back in 2006.
LLC had rented this plot from the city council since 1997; however, the company currently lacks valid rights of use or lease for this land, as in 2021 the city council denied LLC "Lorelei" an extension of the lease for the land plots at Pidkovy Square. Nevertheless, the company continued its business operations there and expanded the premises from 48.3 m2 to 58.9 m2. Furthermore, the city council did not issue the necessary urban planning conditions and restrictions for the kiosk's expansion, prompting the council to take legal action to reclaim the municipal land and dismantle the unauthorized reconstruction.
However, the court expert analysis confirmed that the kiosk's area is 48.3 m2, and the court found no evidence that LLC "Lorelei" had expanded the premises. Additionally, the company asserts that despite the Lviv City Council not extending the lease agreement since 2021, it continues to pay the rent.
In June 2024, the Commercial Court rejected the Lviv City Council's lawsuit and annulled the ruling to secure the claim. In November, the decision was upheld by the Western Appeal Commercial Court. On February 11, the Supreme Court confirmed the decisions of the previous instances. This ruling is final and cannot be appealed.
LLC "Lorelei" was registered in 1995 and is owned by Lviv resident Tetyana Nikitchin, who previously owned the now-closed café "Tsisar's Coffee" on Shevchenko Avenue.