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Jerusalem, Dinur to pay NIS 8 million in compensation
By Nurit Roth

The city of Jerusalem and its former director-general have been ordered to pay NIS 8 million in compensation for negligence in handling a lease agreement. The director-general in question is none other than Ra'anan Dinur, currently the director-general of the Prime Minister's Office, and the compensation goes to the owners of the Sarei Yisrael Hotel.

Jerusalem District Court Judge Zvi Zylbertal ruled that the municipality's conduct had been the height of incompetence.
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In 1988, Sarei Yisrael's owners, Y.H.S. Business Consulting and Amior Yeda, offered to lease the property to the city of Jerusalem to serve ultra-Orthodox education institutions. The city wanted the hotel to serve as a respected seminar for Haredi girls and agreed.

As pressures from other potential lessees began to mount, the city started pressing the two companies to wrap up the negotiations. Dinur signed a letter to the two companies, confirming he knew they had rejected another candidate to lease the hotel. If for some reason the agreement with the seminar for girls wasn't signed, he wrote, the city would act to find another educational institution to enter the property.

Toward the start of the study year 1999 (5758, or tashnat) the seminar's need for accommodation became pressing, and the city's then mayor, Ehud Olmert, also pushed for the negotiations to end. In August 1998, the mayor's aide, Oved Yehezkel (today cabinet secretary) demanded that the seminar be allowed to start fixing up the asset.

The companies claimed that in a telephone conversation with Dinur, who was on holiday abroad at the time, he promised that if the seminar didn't ultimately lease the property, the city would make sure to restore it to its prior condition. Later Yehezkel issued a letter to the companies, saying that if no agreement was signed after the renovations began, "the city took responsibility for restoring the building to its prior condition."

With the letters in hand, the seminar razed half the hotel. But a week after it began the work, a safety engineer ruled that the property wasn't' suitable for an educational institution and would require considerable investment to make it so. The negotiations fell apart, no deal was signed and the two companies demanded the city restore the property to its former condition. The city did not restore the edifice to its former condition, and the firms sued for NIS 11.5 million.

The city and Dinur claimed that the city had only acted a mediator, connecting between the companies and the seminar, and had made no undertakings. Dinur denied that Yehezkel's letter had been sent at his behest.

Zylbertal ruled that, in fact, the city had been deeply involved in the negotiations. It had a public and political interest in finding accommodation for the seminar, the judge ruled. He dismissed Dinur's claim that Yehezkel's letter had been written without authorization. Nor did the judge accept Dinur's argument that he hadn't realized the building would not suit an educational institution before the engineer's report.

The judge criticized the fact that the seminar was given the nod to raze the building before an engineer had inspected the premises, despite the importance of safety in schools. The city had shown negligence, Zylbertal wrote. It shouldn't have allowed the work to begin until the safety issue was clarified. He ordered NIS 8 million compensation be paid the two firms, plus NIS 850,000 in legal costs. Dinur was at the time an employee of the city so perhaps the city will pay his part.
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