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February 1, 2015 / 12 Shevat, 5775
 
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Attorney: Ulpana Court Ruling an Outrage

The new area where the Ulpana Neighborhood will be re-located according to Netanyahu's proposal. A ruling by the Supreme Court of Justice calls for the demolition of Ulpana before July 1.

The new area where the Ulpana Neighborhood will be re-located according to Netanyahu's proposal. A ruling by the Supreme Court of Justice calls for the demolition of Ulpana before July 1.
Photo Credit: Noam Moskowitz / FLASH90

Does the State message that it rejected the Beit El residents’ claim constitute a legal argument in the first place? Is this a logical argument at all? Is the Attorney General’s office the body authorized to determine land ownership in the event of a dispute? Is that not within the purview of the Magistrate Court?

The second reason given by the High Court is no less shocking in its malice than the first. The rationale was that: “No permit was requested for the transaction” and therefore the purchase is not valid.

In other words, it is quite possible that a transaction was in place and the land was paid for; the owners, whoever they are, have received full value for their land and agreed to transfer ownership to the Beit El people. But a terrible thing happened: they did not request a transaction license, and so the homes must be demolished.

What normal person would dare reach such a twisted conclusion?

Wouldn’t the most elementary sense of justice demand that the court order the homeowners and residents to fix the administrative defect and apply for a permit? And, naturally, also order the state to issue the permit without delay?

Is it beneath the dignity of the court to recognize its mistake and change its decision? Is the principle of “the finality of judgment” so important as to justify the destruction of homes, property, and hundreds of lives? Is there even an issue of “finality” when it is obvious that questions as basic as the owner’s identity are yet to be deliberated substantially?

Only a heartless person, bereft of morality, lacking any understanding of the concept of the rule of law, and driven by an intolerable urge for destruction can determine that the Ulpana Hill homes (and Migron and others) must be destroyed. This is an unacceptable outrage in the Jewish state which must show a minimal degree of morality, justice and respect for the law.

The Knesset is well within its right, indeed, it is obliged to abolish this evil decision soon, before an inestimable damage be done to Jewish settlements, and to the status of the Knesset and the government.

About the Author: Menahem Gurman, Esq is a New York City based attorney, a graduate of the Hebrew University and New York University.


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More Articles from Menahem Gurman Esq
The new area where the Ulpana Neighborhood will be re-located according to Netanyahu's proposal. A ruling by the Supreme Court of Justice calls for the demolition of Ulpana before July 1.

Only a heartless person, bereft of morality, lacking any understanding of the concept of the rule of law, and driven by an intolerable urge for destruction can determine that the Ulpana Hill homes must be destroyed. This is an unacceptable outrage in the Jewish state which must show a minimal degree of morality, justice and respect for the law.

Printed from: http://www.jewishpress.com/indepth/opinions/ulpana-high-court-rule-government-proposed-action-an-outrage/2012/06/04/

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