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Court Rejects NIS 36 Million Class Action Over Assi Stream Access at Nir David

配图:Court Rejects NIS 36 Million Class Action Over Assi Stream Access at Nir David

The Tel Aviv District Court rejected a request to certify a NIS 36 million class action against Kibbutz Nir David over public access to the Assi Stream in the Beit She'an Valley. Judge Idit Berkovitz ruled that a class action is not an efficient or fair way to settle the dispute, finding the kibbutz is a cooperative association under private law rather than a business. She wrote that public access to a natural resource must be weighed against residents' privacy and safety. The court declined retroactive compensation, noting the state had not previously set an access framework, and left open whether the kibbutz may lawfully close its gates.

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