Ground lease

Supreme Court judgment 24 June 2019, HR-2019-1206-A (case no. 18-179157SIV-HRET), civil case, appeal against reappraisal.

Mallin Eiendom AS, Stiftelsen Karibu (Counsel Carina Orge Borchgrevink Næss) v. Marianne Cecilia Lundin and others (Counsel Anders Christian Stray Ryssdal).

Attending in accordance with section 30-13 of the Dispute Act: The Ministry of Justice and Public Security (The Office of the Attorney General represented by Anders Blakstvedt)

Justices: Indreberg, Møse, Bergsjø, Østensen Berglund, Lindsetmo

The court of appeal had ordered the municipality as the lessor to take over a combined warehouse and office building on the municipality's property, see section 40 of the Ground Lease Act. The Supreme Court stated that the court of appeal's balancing of interests in its application of the requirement "needlessly", which was based on objective, economic criteria, was too narrow. What was lacking was an assessment of the parties' individual and specific interests. It was also stated that the costs were to be estimated according to section 43 of the Appraisement Procedure Act. The court of appeal's appraisement was set aside.

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