The owners of the Odessa restaurant "Dacha" lost their lawsuit against the rehabilitation center

The owners of the Odessa restaurant “Dacha” lost a court case against the “Lisova Polyana” Veterans’ Rehabilitation Center regarding unimpeded vehicle access to the restaurant through the territory of the historic park. The court ruled that traffic restrictions in the nature reserve were lawful.

This is stated in the decision of the Odessa Regional Commercial Court dated October 22.

The ruling states that ownership of the building does not automatically grant the right to unimpeded access through the park’s territory without a properly documented right to use the land. The Rehabilitation Center’s actions to preserve the protected status of the area were deemed entirely lawful.

“Drive-In” LLC, which owns the “Dacha” restaurant building on the grounds of “French Park,” filed a lawsuit demanding that the State Institution “Lisova Polyana Center for Mental Health and Rehabilitation of Veterans” of the Ministry of Health of Ukraine remove obstacles to the use of the property. The company demanded that free access be ensured for its employees and vehicles from the direction of Sanatorny Lane.

Representatives of the restaurant claimed that the access restrictions, introduced in early 2025, violate their rights as property owners and hinder the establishment’s business operations.

In contrast, the Veterans Rehabilitation Center—which has permanent use of the land plot—along with the Ministry of Health and the Odesa Regional State Administration, emphasized the special protection regime for the nature reserve site. The party pointed out that the restaurant does not have a properly executed lease agreement for the land under the building. According to representatives of the rehabilitation center, vehicle access is restricted in accordance with the law. At the same time, the pedestrian passage for restaurant guests remains open, and service vehicles are permitted with prior approval.

Previously, Intent reported on the conflict between the Odesa Regional Prosecutor’s Office and restaurateur Sava Libkinregarding the legality of the building’s purchase and the use of the land beneath the “Dacha” restaurant.

In 2018, Drive-In LLC purchased the restaurant premises from the State Property Fund; however, in 2021, the prosecutor’s office challenged the deal in court due to the ban on the privatization of cultural heritage sites. In June 2024, the Supreme Court remanded the case for a new trial.

In addition, the company is using 0.77 hectares of adjacent land without the proper documentation. Attempts to legalize the land through the courts have been blocked by the prosecutor’s office, and following a complaint by the health resort alleging unauthorized occupation of the territory, the police opened a criminal investigation in February 2025.

Юлія Калабайда