For years, a married couple and a farmer arguing over a cow-bells. It is also a manure and fly. Now the court has decided. But nothing is over yet.
Update, 24. January, 12.13 PM: in addition to the main claim (see Update, below) expressed the court’s concerns, whether the woman alleged harassment was essential, and also put forward “Ortsunüblichkeit” grazing use, the judge had doubts.
It went to five cows, four bells, six weeks and eight cows, with six bells, four and a half weeks, listed Karrasch. The applicant had kept meticulous book – and argues that The bells bimmelten at night, you do not get eye.
cowbells dispute in wooden churches: a judge has item doubt “Ortsunüblichkeit of cow bells”
she had not complained against the farmer, which leads to operating with about three dozen cows in a family, but also against the municipality, which has leased about one acre of pasture land.
Before the husband with his crusade against the cowbells had failed before the district court of Munich II, not least because of a comparison he had previously closed with the farmer. On this comparison, the court referred again.
Accordingly, cows with bells should graze only in the at least 20 meters distant part of the pasture. According to the couple, not brought enough relief. the The dispute goes on: The husband is waiting for the second instance before the higher regional court (OLG) in Munich. If the woman pulls in front of the court of appeal, was open in the first place.
Update, 24. February, 10.38 am: In the cowbells-armed wooden churches like the land court of Munich II is just a decision, and the claim of the wife is not rejected, because she is the owner of the property, and therefore no higher claims than the husband. You must assume the costs for the procedure. The husband has failed a few years earlier with his claim (see article below).
So the cowbells should have found the dispute to a further circuit point. But they had also accepted after the last rejected claim. If the spouses still want to argue more, it will show. A lot of legal means you are no longer to remain at least open. More information will follow.
Original article 9. November 2018
Munich/Holzkirchen – Loud ringing, bad smells, and annoying insects: A couple bought in the upper Bavarian wooden churches a cottage in an idyllic location, but with his animal neighbors, it won’t come off well. Already for a long time, the two try, the cowbells – or, better still, the cows from the neighboring pasture wegzuklagen. Also the smell when you Fertilize with manure you don’t want to tolerate – and the plot flying insects you don’t want to have.
On Friday began before the land court of Munich II is a new process for the last three years of strife. After the suit of the husband was dismissed in the first instance, and he is waiting for the second instance before the higher regional court of Munich, complains now his wife. The action is brought against the farmer, which operates with 35 to 40 dairy cows, a small family operation, and also against the Church, which has leased about one acre of pasture land.
also read: of The bells-the war of the wooden churches – A sentiment report from the courtroom
wife led exactly the book: From the 8. June until 20. July brought five cows with four bells, of 21. September to 22. October, there were eight cows, with six bells, which the Couple sleepless nights. Initially, you have asked the farmer, “very friendly”, “calm” and “polite”, “if you could please remove the bells,” said the woman. The farmer’s wife had come to Ohropax.
“tinkles all The time – day and night”, says the lawyer of the pair, Peter’s hard heart, of the law firm Sauer Wolff, Martin. The property is located in a residential area. In addition, it is cruelty to animals, cows, a loud bell around the neck. “No one needs in the flat land of cowbells,” said hard-heart, who was in the court records of the Gebimmels. “Have you ever seen in Holland a Cowbell?”
judge Christiane Karrasch turned to the farmer: “What you have cowbells?” The farmer’s wife: “in the event that you (break out the) cows – you can hear them in the night.”
Also interesting: cowbells dispute in court today: neighbor wants to cows grazing actions
has offered The couple, at his cost, GPS cowbells. The farmer’s wife says of it, that there is no experience. At least in Germany, the equipment of experts of the Bavarian state, according to the Institute for agriculture (LfL) in the trade, is currently available; the last practice tests were. The devices would also be an expensive solution. But costs that the lawyer made the question of further increasing the process cost is clear, are secondary.
The husband failed in his application before the land court of Munich II to the end of 2017, mainly because he had closed in 2015, with the farmer: Only in the remoter part of the Meadow with a good 20 meters distance cow bell browse, and jingle should be allowed to. The couple but it was to loud. An offer to the farmer, only one or two cows around the neck is a bell, depending on what area of your pasture could use, was not initially pursued. A Test, as a lawyer, hard heart wanted to, would not be currently possible; the cows are in the barn. The idea that the peasant girl play with cow and bell on the Lawn could run, was discarded.
This may also interest you: Still no verdict in the wood Kirchner cowbells-armed – now there is a second action
The Pair had acquired the in the best location in the idyllic house in 2011, and then lovingly and painstakingly prepared. Just because the two Locals and the possible impairments caused by agriculture knew, they would have insured previously, as it looked around the new home. “It was there before, never grazing livestock, and there has never been Arable. It was always a simple Meadow, where you make hay,“ says HART of the heart of the neighborhood.
had been fertilized earlier, so the Pair have no Problem. The farmer’s wife but I’ve applied “a carpet of manure,” said hard-heart, who gave evidence to a photo of a brown Lawn in the files. It is a matter of “the defense of this shameful behavior.” All in all, have also reduced the value of the property – around 40 000 to 50 000 Euro, the amount in dispute 000 Euro is around 70.
For mayor Olaf von Löwis (CSU) has the case of fundamental importance. “It’s about the Definition of property, plant and sustainable agriculture.” The Pair got on beautifully situated property offers unobstructed views in all directions. “For that you have to take into account that in addition to agriculture.” For the woman go to the bread acquisition. “In this respect, it is not for us as a community, already important, is that we are creating precedents.”
More: As in the case of criminal offenders: Electronic cowbells Almhirten help
The village of peace shall seem to be in danger. He did not have the impression that the Couple to be in the village-like community integrated, says von Löwis. Try to a Mediation meeting had not been adopted. Also judge Karrasch failed with its proposal to make an appointment before the conciliation judge.
So, the courts will have to decide. 24. January 2019 will announce the regional court of Munich II for the claim of the wife, as it goes on – then the appellate court decision to the man.
