Plaintiff: 184 residents of buildings number 4 and 6 Panjiayuan Nanli in Beijings Chaoyang district
Defendant: Beijing Municipal Commission of Urban Planning
Third parties: the Chinese Academy of Preventative Medical Sciences environmental sanitation inspection office and the Ministry of health food sanitation inspection office (referred to below as Liangsuo)
Outcome: In the first hearing, the defendant lost the suit. The defendant appealed
Liangsuo and the plaintiffs live facing one another, separated only by an 8-meter road. At the beginning of the 80s, before the plaintiffs residence was build, there was already a three-story facility for animal experimentation on the southwest side of the Chinese Academy of medical science. It now adjoins Liangsuo.
Twenty years later, the animal lab still exists and gives off a powerful stench that directly impacts the daily lives of the nearby residents. Despite efforts by the laboratorys leader to implement measures to improve the situation, the special circumstances under which the animals are raised means his efforts have little effect.
The Liangsuo building was build after the laboratory and the residential building. On the fifth floor of the office building, there are a number of animal laboratories. The buildings workers would often put animal corpses, excrement, and fodder in ordinary plastic bags and dispose of them with the ordinary garbage. At times they even throw the bags directly from the fifth floor window into the garbage below. Doing so could possibly cause the spread of certain viruses and bacterial illnesses. Realizing this, the residents were extremely displeased and raised harsh criticism of Liangsuo. However, the Liangsuo labs stuck to their ways, and in 1998 they had plans to build a new 3000 square lab directly north of the residential building.
The plans were reviewed and approved by the Ministry of Health, the Beijing Municipal Commission of Urban Planning, and the Beijing municipal Commission on Building Development. The residents didnt learn of the plans until 2002 when construction of the lab began. Because the existing labs already greatly impacted them and out of concern that Liangsuos shoddy practices could have harmful consequences in the future, the residents strongly opposed the plans. They obstructed the work and even came into direct conflict with those trying to build, but it wasnt until the public security office, municipal administration and neighborhood committee office stepped in to mediate, that the conflict was resolved.
October 18, 2002, the residents applied to the Beijing municipal legal offices for administrative redress, requesting that the building permit granted to Liangsuo be revoked.
November 28, the legal offices upheld the urban planning commissions decision to grant Liangsuos building permit.
December 15, 184 residents of Panjiayuan brought an administrative lawsuit in the Xicheng district Peoples Court.
April 22, 2003, the Xicheng district Peoples Court publicly heard the case.
June 19, the court held that the defendants permit should be revoked.
July 2, the Beijing Municipal Urban Planning Commission appealed the verdict in the Beijing Number 1 Intermediate Peoples Court.
October 15, case was tried on appeal in the No. 1 Intermediate Peoples Court.
October 24, the Beijing Municipal Urban Planning commission withdrew their appeal before the court reached a verdict, concluding the dispute in favor of the 184 Panjiayuan residents.