Real estate agent Henrie Frieling also received no response on appeal. The Arnhem-Leeuwarden Court of Appeal has ruled that he must return the former De Tondel school in Emmerhout to the municipality of Emmen.
The ruling was already made in January, the municipality released the news today. In a letter to the municipal council, councilor Rene van der Weide stated that Frieling’s claim has been rejected. “Frieling can still appeal in cassation within a period of three months. We will of course continue to consult with our lawyers about this,” said the councilor.
The municipality now has the building in its name and legal ownership. Van der Weide. “Because we are not familiar with the existing rental contracts, we will conduct further investigation and consult with the existing tenants about the changed situation.”
The municipality of Emmen sold the De Tondel school building to the Op Eigen Houtje foundation in 2014 for a symbolic amount of ten euros. The idea arose from a national experiment. The idea was to give local residents a space for local activities. The spaces were rented to third parties.
With the proceeds, the foundation could, among other things, provide for the maintenance of the building itself. The municipality initially considered demolishing the school building.
Part of the agreement was the agreement that if the foundation stopped, the building would return to the municipality.
Op Eigen Houtje did not succeed in writing black figures during its four-year existence. The high energy costs became a millstone around the foundation’s neck, after which all board members resigned in 2018.
A new board was created under the name Pand 88. But it did not last long either. The building was sold to Frieling, who also rented the spaces to various local parties. This purchase should never have been concluded, the municipality ruled. After which the proceedings were taken to court.