Damage Assessment Appeal Letter
TO THE PRESIDENT
REQUEST FOR SUSPENSION OF ENFORCEMENT
…….
PLAINTIFFS: …….
LAWYERS: …….
DEFENDANT: MINISTRY OF PUBLIC WORKS AND SETTLEMENT, GENERAL DIRECTORATE OF DISASTER AFFAIRS
SUBJECT: Request for the cancellation of the determination dated……. Regarding the severe damage caused by the earthquake and the suspension of enforcement.
EXPLANATIONS:
1-The property located at ……. address, where my client’s workplace is situated, was damaged in the earthquake that occurred on 17/08/99.
2-In the assessment conducted by the defendant on ……. to determine the damage caused by the earthquake, it was determined that the building was severely damaged and needed to be demolished.
3-Following an inspection of the building, an examination was conducted by …… …….., an instructor at ITU and a civil engineer, and the expert report dated 30/11/99 stated that the building was damaged but that the damage could be repaired.
4-According to the expert report, since the repair of the damage to the building is technically possible, it is clear that there is no need to demolish the building belonging to my clients. For this reason, we are applying to your court with a request for the cancellation of the inspection dated ……. and the suspension of the execution until the conclusion of the case.
LEGAL GROUNDS:
MK., İYUK, AND RELEVANT LEGISLATION
EVIDENCE: FINDINGS REPORT DATED ……./…../…….., REPORT PREPARED BY AN EXPERT ON ../../….., AND OTHER EVIDENCE.
RESPONSE PERIOD: 30 days
REQUEST: For the reasons explained above, we request the cancellation of the defendant’s determination dated ……. that the building belonging to our clients has suffered severe damage due to the earthquake and must be demolished, the suspension of the execution until the conclusion of the case, the defendant to cover the litigation costs, and the decision to grant us power of attorney in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667, regarding the opposing party’s attorney fees.
PLAINTIFF’S ATTORNEY