Order that the lessor take over a building on the leased ground when the lease is terminated
Supreme Court judgment 26 September 2019, HR-2019-1784-A, (case no. 19-35999SIV-HRET), civil case, appeal against a reappraisal.
I.
Foretakseiendom AS (Counsel Ole Edvard Tokvam) v. Oslo municipality (The Office of the City Advocate in Oslo represented by Atle Torvund)
II.
Oslo municipality (The Office of the City Advocate in Oslo represented by Atle Torvund) v. Foretakseiendom AS (Counsel Ole Edvard Tokvam)
Justices: Indreberg, Kallerud, Ringnes, Østensen Berglund, Steinsvik
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.