Today, Ivicke had a second preliminary injunction hearing (in Dutch: voorlopige voorziening or VoVo for short), to request a suspension of eviction until the higher appeal in our case against the municipality, who want to evict us on the grounds that according to the zoning plan our home should be an office. We already had a first VoVo about this in February. That one we lost, but the judge gave us until the 28th of May before we had to leave. In the meantime, we actually won a civil court case against the owner, because the judge agreed that his plans for Ivicke are nonsense. Our lawyers then managed to get this new case because of that change of circumstances.
In the documents they submitted for this case, the municipality revealed that they already had the whole eviction planned for the 31st of May, coordinated with the cops and everything. With the added threat that, if they can’t evict then, the cops wouldn’t have time anymore before September because of the festival season, trying to pressure the judge into a fast ruling. Luckily, the judge started the case by making clear that they can get an eviction on the 31st out of their heads: he needs time for his decision, and he also recognises that we will need time to move if it’s negative.
The core question in this VoVo is whether the ruling in the civil case can be considered a change of circumstances. The municipality and the owner, who is also a party in this case, of course argue that nothing has changed, and we should still be evicted. We’ll have to wait until the verdict to know whether the judge will accept what is now even more clearly an eviction for emptiness. The verdict will be within two weeks, but we don’t expect it in less than a week from now.
While most of us were in court, the police or the municipality (or both) apparently decided to abuse the situation, sending four plainclothes to scope out the terrain. When asked what they were doing or to identify themselves, they didn’t give any real answers, vaguely saying they’re from “the government” or “the municipality.” They then called their uniformed buddies who tried to ID some of us on our own terrain.
The eviction is called off for now, but it doesn’t look like we’ll get any rest. We don’t for a second believe the municipality’s whining about the cops not having capacities to evict before September. Who knows what the verdict of the VoVo will be, but we will prepare for the worst; so check indymedia and our website for updates, the Ivicktion could very well be some time in June or July. In the meantime, let’s not give them any rest, either 😉