Cancellation of a service-cutoff rule: the first-instance outcome was later reversed

XX sought partial cancellation of the 25 October 2009 meeting decision of Kangelaste pr 19 korteriühistu, now Narva linn, Kangelaste prospekt 19 korteriühistu. The challenged provisions allowed electricity to be stopped after three months’ arrears and utility services to be stopped for debt. The case did not determine XX’s particular debt or establish that a cutoff had occurred. The association relied on repeal at a later meeting on 14 March 2010. The county court considered that repeal void because it was not in the notified agenda. On 14 December 2010 it therefore granted the claim and cancelled the earlier rule. Costs were allocated to the association, including a 5,000-kroon state fee payable to the state. The confirmed subsequent development materially changed the outcome: on 10 October 2011 the circuit court treated the later repeal as within the agenda discussed. As the association had already repealed the challenged provision, the grant of relief was reversed and the claim dismissed. This was not a substantive finding that service cutoffs were permissible. First-instance costs remained with the association and appeal costs were allocated to XX. The source contains a historical annotation of entry into force on 10 November 2011. Recoverable costs were separately adjusted on 11 June 2013 without a fresh determination about cutoffs. Present status and actual performance have not been separately reverified.