Redwitz opposes the reclassification of the old federal highway as a community road. Board member heinrich dinkel informed that in the legal dispute regarding the downgrading of the B173 old between the zettlitz intersection and redwitz to a municipal connection road on 14. December 2018, an oral hearing had taken place before the administrative court in munich. The arguments presented in writing were once again verbally explained here. Although the court expressed understanding for the community’s position, it also clearly indicated that it would follow the argumentation of the zoning authority and dismiss the action. According to current case law, what matters is not the anticipated actual use of the road section, but the function that this section will have in the road network once the bypass is completed. The state roads 2208 and 2191 would be linked in the future by the new B 173.
Since the court on the one hand gave no hope for the success of the lawsuit, and on the other hand the state building authority verbally offered to inspect the condition of the road before it was handed over to traffic, the lawyer for the municipality of redwitz, on the recommendation of the court, reached a "revocable settlement" concluded. According to this, the state of bavaria promises that before the transfer of the road construction obligation, the condition of the road body, including the new railroad bridge built two years ago, will be checked during a joint inspection of the section in question, and any maintenance backlogs will either be removed structurally or paid out, as the municipality wishes. In view of the facts of the case, the lawyer recommends that the settlement be approved due to the lack of prospects of success.
The panel could not understand this view. It was argued that the new B 173 would be a four-lane highway. The road would only be narrowed to two lanes again shortly before redwitz. According to the federal traffic route plan, the four-lane expansion should be continued at least as far as kups/oberlangenstadt. The new B 173, as a freeway, would therefore mainly serve to accommodate supra-local through traffic. It would then no longer fulfill the function of accommodating interurban traffic in relation to the district of lichtenfels and the neighboring districts. A freeway or. A freeway through road could not take over the function of a regional connection between the state roads 2208 and 2191 on the relatively short distance between zettlitz and redwitz (1.5 kilometers). This gap in the network would rather be closed by the B 173 old between zettlitz and redwitz, which would then also continue the district road (B 173 old between michelau and zettlitz) to the connection to the district of kronach (once via the state road 2208 and once via the currently still existing B 173 in the direction of kups). In addition, it would then connect directly to the LIF 21 district road, which runs from redwitz via obristfeld to the B 289. It was incomprehensible that the old B 173 between michelau and zettlitz fulfilled the function of a district road, but on the last section to redwitz it no longer did, although here the connection to the district of kronach was made, which was the task of a district road. It is not comprehensible that the B 173 new between michelau and zettlitz cannot replace the B 173 old as a district road, but apparently it can between zettlitz and redwitz. Jurgen gabelein demanded that the road not be converted into a municipal link road. Gunter friedlein was interested to know what the district administration had to say about this. He also could not understand that this road after downgrading to a municipal road remains so wide. This is a decision made over the heads of the people involved. The bottom line was that the community council agreed to disagree with the comparison.