The claim of 2.9 million euros from former entrepreneur Max Jacobsen against the municipality of Hoogeveen was also rejected on appeal.
That has been determined by the court in Leeuwarden this week. The verdict is in line with the judgment of the court in Assen, which ruled at the end of December 2021.
The court does not find that the municipality acted unlawfully or abused the situation when purchasing the land from Maxx Sports & Events, intended for an indoor artificial ice rink with a swimming pool.
Jacobsen and the municipality of Hoogeveen have been at odds for years. The municipality needed the land on which its tennis and events complex stood for the construction of the combined ice rink with swimming pool. In March 2018, the municipality paid an amount of 725,000 euros to the entrepreneur.
The municipality’s ice rink and swimming pool plan ultimately fell through. The project would be almost 20 million euros more expensive than the 31.8 million euros that had been released. Jacobsen’s company had already been demolished by then.
‘clamp’
De Hoogevener believes that the municipality has disadvantaged him financially. The sales price that Hoogeveen paid was considerably lower than the WOZ value of the land. Jacobsen agreed to the offer because he said he was stuck. Through a lawsuit, he claimed damage that, according to him, was caused by the municipality.
His company, Romax Beheer BV, went bankrupt after the sale of Maxx Sports & Events. Jacobsen argues that the municipality has abused the poor financial situation of the company. The sales process was deliberately delayed for a long time, so that he eventually had to sell. Jacobsen claims a total of 2.9 million euros from the municipality.
The court in Leeuwarden has rejected all claims against the municipality. According to the court, it has not been sufficiently substantiated that the municipality led Jacobsen along and that his company could have been sold for a clearly higher price.
Jacobsen has to pay
The court states that the sale of Maxx Sports & Events was part of other agreements to relieve Jacobsen financially, including the cancellation of a social security loan and efforts by the municipality and the bank to keep his private home.
Jacobsen has been ordered to pay the legal costs and legal costs: more than 23,000 euros.
An appeal in cassation against the decision of the Court of Appeal is possible to the Supreme Court. Jacobsen’s legal adviser Peter Raven first wants to study the ruling in more detail and discuss it with his client. He says he is considering cassation. “But now we are especially very disappointed with the verdict of the court.”