The Esplanade greengrocer refuses to “fold” its kiosk promised to be demolished without financial compensation

Anthony Granci (à droite), primeur sur l’Esplanade et son avocat David Guyon. Midi Libre – JEAN-MICHEL MART

While the town hall will soon end the operating agreement for its fruit and vegetable kiosk, Anthony Granci, the current successful bidder, has filed an appeal with the administrative court, via his lawyer, Maître David Guyon. As part of the beautification and renovation work on the Esplanade, the structure which has housed it since 2020 will be demolished next October, permanently.

We know more about the future of flower and catering kiosks. The demolition scheduled for October, followed by a drastic diet – return to a surface area of ​​35 m²- prefigures reasoned (and sustainable) management of public space on the Esplanade.

But at the end of the day, on Anthony Granci’s only fruit and vegetable stand, present for three generations, we lost the banana!

His kiosk, once demolished, will not be rebuilt

Six kiosks will see their hard surface area reduced and will be moved or closed until June 2025. But the seventh, that of Anthony Granci linked by &amp ;quot;an agreement signed with the current municipality in 2020" is doomed to destruction, without any other form of solution.

"We learned through hearsay of the disappearance of the greengrocer that I represent in a procedure initiated in August 2023, following information which reported his departure in the fall of 2023. The 14  ;last May, we learned – by our only interlocutor, the press !- that it will finally be in September", annoys his lawyer Maître David Guyon.

Shops and public space: fatal connection ?

If the marriage of public space with commerce is almost always stormy, the damage suffered during development work is recognized. nbsp;"since 2014, since a customer base stops, there is a turnover which is compensable", assures the lawyer. "I lose a fund and an activity",complains the operator who is only halfway through his "7-year lease renewable since the 1960s! ".

Damage "public works"

To settle the dispute, the lawyer is in favor of a transaction up to the value of the business, "approximately 200 000& ;nbsp;€, calculated on the net profit margin, there is nothing shameful about wanting to obtain compensation when you are asked to leave. There is no fault, these are public works damages. They still need to be demanded. Recently, in Strasbourg, compensation for traders did not require going to court.

Free rent of 1,000 euros; per quarter was granted to him during the duration of the work. Is it the low amount of its royalty which calls into question the existence of this fund and therefore its legitimacy ? "The only thing that differentiates me from a traditional business, it is the right of inspection of the town hall which gives its authorization in the event of a transfer.

The lawyer denounces a failure to respect a fundamental right: the right to property

For Maître Guyon, there is not the shadow of a doubt, "the right of property does not exist; is not respected. Even if the convention stipulated the absence of compensation, it would remain, according to him, inferior to the right of property which is an absolute right in France . "But few know it. I am not pushing for recourse, but in the absence of an amicable solution, compensation, as here, there is no other choice.

"In 4 months, I have to clear out, fold up shop". "Stay ? For me, it’s too late! We no longer want local shops, even historic ones, plague the merchant by raising his voice, "nor that the Comédie is a commercial place , that's what was said to me.

"Mr. Granci will have to bounce back professionally". A rebound that other operators barely dare to imagine in the very slim silhouette of the kiosks, and the economic dynamics promised on the horizon of summer 2025 .

When requested, the city did not respond, the file being under investigation with the administrative court.< /em>