42 Apartment Owners File Lawsuit Against High-Ranking Judge Over Urban Renewal Refusal

42 Jerusalem apartment owners have sued the President of the Jerusalem Regional Labor Court, Judge Sarah Breiner. The plaintiffs are seeking to enforce a renewal agreement or obtain 3 million shekels in compensation.

CalcalistAuthor: ליטל דוברוביצקי
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42 Apartment Owners File Lawsuit Against High-Ranking Judge Over Urban Renewal Refusal
Photo: Calcalist / צילום: שאטרסטוק

42 apartment owners from Jerusalem have filed a lawsuit in the city's District Court against the President of the Jerusalem Regional Labor Court, Judge Sarah Breiner. The plaintiffs are asking the court to enforce the urban renewal (pinui-binui) agreement for the complex in the Beit HaKerem neighborhood on the judge, or alternatively, to order her to pay financial compensation of 3 million shekels.

According to the statement of claim, the cumulative economic damage caused to all tenants due to the non-execution of the deal is estimated at 35 million shekels, but the plaintiffs chose to limit the claim amount for court fee purposes. The project in question in Jerusalem includes the demolition of 41 housing units in two old buildings that lack protected spaces, and the construction of a new tower with 124 new housing units in their place. The plaintiffs, who claim to constitute a qualified majority (85%) in the complex, signed the agreement with the developer, but they claim the defendant judge refuses to sign it.

As part of the lawsuit, filed by attorneys Eran Spindel and Daniel Sela of the Spindel & Co. law firm, it is claimed that apartment owners will receive new units with an additional 25 square meters of space, with the value of these new apartments being significantly higher than the existing ones. The plaintiffs further claim that the defendant's refusal puts all residents at real physical risk due to the lack of protected spaces and the dilapidated state of the buildings, noting that the reality of recent wars and the threat of earthquakes make this a non-theoretical danger.

Will the deal fall over a Sukkah balcony?

The lawsuit claims that between July 2025 and April 2026, dialogue was held with the defendant to avoid legal action, but Judge Breiner persists in her refusal. The plaintiffs argue that her opposition stems from several reasons, including a demand for a Sukkah balcony, which they deem excessive, as well as disagreements regarding the appraiser mechanism and the lack of rent indexation during the evacuation period.

The plaintiffs are asking the court to issue a declaratory judgment stating that the defendant is refusing to execute the deal without reasonable cause. They further request the court to appoint a representative to sign the necessary documents on the judge's behalf. Given the defendant's position as President of the Jerusalem Regional Labor Court, the plaintiffs intend to request that the Supreme Court transfer the case to another district to maintain the "appearance of justice."

Response of the Labor Courts spokesperson, Ruth Shamir: "Answers will be given as is customary within the legal process."

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