The 79-year-old resident of a company home at restaurant De Wiemel in Gasselte can return home. The woman now lives in a caravan on a campsite, because her daughter and his husband wanted her to leave. The municipality of Aa and Hunze agreed with them. A legal conflict arose.
The judge thinks it is reasonable that the 79-year-old woman can wait for her higher appeal at home. The judge clearly says that the ruling gives no guarantees for the future. It is not known when the highest administrative court will deal with her appeal against AA and Hunze.
A complicated family conflict plays in the background. Since 2000, the woman lived in the second company home that belongs to the De Wiemel catering company in Gasselte. Her husband used to manage the hospitality company. Later the case was transferred to their daughter. He now lives above the company.
A family crowd broke out a few years ago. Mother has no interference with the company for a long time, but she still lived in the second company home. That is not permitted, because in the Netherlands only the company linked people in the company home are allowed to live. The daughter and her husband demanded that mother left.
They then submitted a request for enforcement with the municipality of Aa and Hunze. It turned out to be with the daughter and refused to convert the second company home for the mother into a regular home.
Aa and Hunze then imposed a penalty of 10,000 euros on the mother, which could amount to 100,000 euros. She had to pay it for every month that she continued to live in the company home.
The mother then decided to start legal proceedings against the municipality, which is still ongoing. At the court in Assen she lost the case, which meant that she had to leave her house. Eventually she ended up at the campsite. Against the decision of the court, she appealed to the Council of State.
Today the judge decided that she can wait for that decision in the company home. She also does not have to pay a penalty for the time being.