Mayor Maathuis wrongly closed a building in the municipality of Meppel. The judge decided that today. The imposed penalty remains in force. At the same time, the municipality may take action due to long-term incorrect use of the home.
Maathuis initially based the closure on the Opium Act. According to the judge, that reasoning does not apply. During a search on November 25, 2025, no substances that were on the prohibited list at that time were found.
One of the substances (2-FDCK) was only banned later, while another substance (HHC) was not on the list at all. As a result, there was no legal basis to close the building under the Opium Act.
An appeal to the Municipal Act also does not hold water. The mayor stated that there was a disruption of public order, including due to suspicions of drug trafficking and signals from the neighborhood.
However, the judge sees insufficient evidence for this. The building was used as a storage space for chemicals, but it has not been demonstrated that this actually caused a nuisance or danger to the environment. There has also been no evidence that there is a current threat.
The closure of the house is therefore unjustified, according to the judge.
The situation is different with the actions of the mayor and aldermen. The house has not been used as a residential home since 2018, while it should be. Something that is contrary to environmental law. The judge ruled that the municipality may therefore intervene.
The owner has nine months to make the property suitable for habitation again. If this does not happen, a penalty of up to a maximum of 250,000 euros can be imposed.
The judge does reject the additional measure to close the home. According to the preliminary relief judge, closure is actually counterproductive, because it means that no work can be carried out to make the building suitable for habitation again.
