Damage Assessment Appeal Letter
TO THE PRESIDENT
REQUEST FOR SUSPENSION OF EXECUTION
…….
PLAINTIFFS :…….
ATTORNEYS :…….
DEFENDANT: MINISTRY OF PUBLIC WORKS AND SETTLEMENT, GENERAL DIRECTORATE OF DISASTER AFFAIRS
SUBJECT: Request for suspension of execution with the cancellation of the determination dated ……. regarding the severe damage caused by the earthquake.
EXPLANATIONS: 1-The property located at ……. address, where my clients’ workplace is located, was damaged in the earthquake that occurred on 17/08/99.
2-In the determination made by the defendant on ……. date to determine the damage that occurred, it was determined that the building was severely damaged and needed to be demolished.
3-After the inspection of the building, we had an inspection carried out by …… …….., a lecturer at ITU and a civil engineer, and the report dated 30/11/99 issued by the expert stated that the building was damaged but that it was possible to repair the damage.
4-According to the report issued by the expert witness, since it is technically possible to repair the damage to the building, 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 to cancel the inspection dated ……. and to suspend the execution until the case is concluded.
LEGAL REASONS: MK., İYUK, AND RELEVANT LEGISLATION
EVIDENCE: ……./…../…….. DATED FINDINGS REPORT, REPORT ISSUED BY THE EXPERT ON ../../…. AND OTHER EVIDENCE.
RESPONSE PERIOD: 30 days
REQUEST: Based on the above reasons, we request that the defendant’s determination dated ……. regarding the severe damage caused by the earthquake to the building belonging to our clients and the necessity of its demolition be annulled, that the execution be suspended until the conclusion of the case, that the court costs be borne by the defendant, We request that the court rule that the opposing party’s attorney’s fees be awarded to us as attorneys in accordance with the final paragraph of Article 164 of the Attorney Act No. 1136, as amended by Act No. 4667.
PLAINTIFFS’ ATTORNEY
