Võidu 9: traffic scheme complaint returned — dispute belongs in civil proceedings

The administrative court returned the complaint: the commission’s documents created no binding rules for outside persons.

Tartu Halduskohus returned the apartment association Võidu 9 Narva’s complaint against city traffic safety commission decisions and a response from Narva Linnavalitsus. It found that the documents were not binding administrative acts and a dispute over use of a private road fell outside administrative court jurisdiction. The association sought annulment of item 5 of the commission decision of 1 August 2017, item 2 of the decision of 7 February 2018 and the city government’s response to an objection of 11 May 2018. It initially also sought restoration of the earlier traffic scheme between Võidu 7 and Võidu 9. It argued that the courtyard road lay on two private plots and the commission had disregarded its rights. The city government objected that the administrative court could not hear such a dispute. The court found that commission minutes had no direct binding effect on outside persons. The city government’s response merely explained that status and therefore was not subject to annulment as an administrative act either. The court considered that private parties’ road use and property access issues should be resolved by agreement or civil litigation. Narva linn did not own the private roads identified or bear responsibility for their upkeep. Returning the complaint did not establish a final traffic arrangement between plots or require the city to restore the earlier scheme.

Return the complaint in the administrative case because the administrative court lacks jurisdiction to resolve this dispute.