In a lawsuit in which neighboring residents and others demanded the cancellation of the management permit issued by Osaka City for a building-type ossuary built in a residential area of Yodogawa Ward, Osaka, claiming that it "may significantly impair the living environment," the Supreme Court recognized that the residents were entitled to contest the case and ordered the trial to be redone in the first trial.
Six years ago, neighbors and others who opposed the six-story ossuary built by a religious corporation in Kadoma City in a residential area of Yodogawa Ward, Osaka, filed a lawsuit demanding that the management permit issued by Osaka City be revoked.
The first court rejected the appeal on the grounds that the city's provision regarding permission to operate the ossuary "is not intended to protect the individual interests of the residents" and that the residents were not entitled to contest the case in court.
On the other hand, the second court found that it was eligible to fight in court, so the city of Osaka appealed.
In a ruling on the 6th, Judge Michiharu Hayashi of the Third Small Court of the Supreme Court pointed out that the city's regulations "prohibit the management of ossuaries within 6 meters of schools and residences in principle because they may damage the living environment, and it is considered to protect the interests of people living in this area to lead their daily lives in peace." The court judged that the residents were entitled to contest the case in court and ordered the trial to be reopened at the Osaka District Court in the first instance.
In the past, there have been many cases where residents have not the right to fight and are paid at the gate, so to speak, but this judgment recognizes the right of residents to contest based on the contents of Osaka City's regulations.
Osaka City "Confirmation of judgment and response"
Mayor Yokoyama of Osaka City commented, "I would like to confirm the judgment and consult with the attorney representing me regarding future responses."