“Resident Rights Upheld: Supreme Court Orders Retrial for Osaka Ossuary Management License Lawsuit”

2023-05-09 10:23:25

Six years ago, neighboring residents who opposed the six-story ossuary built by a religious corporation in Kadoma City in a residential area in Yodogawa Ward, Osaka filed a lawsuit to cancel the management license issued by Osaka City.

The first trial dismissed the lawsuit, judging that the city’s regulations regarding the management license of the ossuary were “not intended to protect the individual interests of the residents” and judged that the residents were not qualified to fight in court.

On the other hand, Osaka City filed an appeal because the second trial recognized that it was qualified to fight in court.

In the ruling on the 9th, Chief Judge Michiharu Hayashi of the 3rd Petty Court of the Supreme Court said, “In principle, the management of charnel houses within 300 meters from schools and houses is prohibited because it may damage the living environment. It is considered that the residents living in this area are protecting the interests of living a peaceful life.” I ordered the trial to be redone.

Until now, there have been many cases in which residents were ‘sent out at the door’ because they had no right to fight.

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