The long-running dispute over the guest house at Wittekindsburg Castle in Porta Westfalica has been settled. The Minden Administrative Court has now declared the building permits for the building, some of which were issued in the 1960s, invalid (case reference: 1 K 1595/19 of 29.04.2024). The lawsuit was brought by the Witthüs association, represented by DOMBERT Rechtsanwälte, which owns the Berghotel Wittekindsburg, built in 1894, and organises cultural events and festivals in the immediate vicinity. The association felt that its rights had been infringed by the neighbouring guest house, which was originally only intended as an extension to the Wittekindsburg but was run as an independent accommodation facility in the 1970s.

The administrative court has now ruled that the building permits are invalid due to the unauthorised changes of use. A guesthouse independent of the Wittekindsburg could not have been authorised in the outdoor area there anyway. The defendant, the town of Porta Westfalica, will probably have to demolish the guest house.

Prof Dr Klaus Herrmann, who has represented the association since 2017, welcomes the decision: „The decision is vital for the Witthüs association and its work. It is now clear that no consideration needs to be given to the Schwarzbau.“

Contact persons in our practice for public building law are Rechtsanwalt Dr Maximilian Dombert and on event law Rechtsanwalt Janko Geßner.