The church of St. Dimitrije belongs to the state, within the complex of the Castle of King Nikola in Kruševac.
This is the third and last decision of Podgorica Basic Court Judge Danilo Jegdić, after the High Court has already twice overturned such a decision.
If the Metropolis decides to appeal against that verdict, the final decision will be made by the High Court.
Jegdić obliged the Montenegrin Littoral Metropolitanate to hand over the Palace Chapel (church) within 15 days of the decision becoming legally binding.
As unfounded, he rejected the counterclaim, which sought to establish that the Metropolis had acquired the right of ownership to that immovable property. Explaining the verdict, the judge stated that the religious building belonged to the property of the Montenegrin Petrović dynasty.
It is further stated that in the list of confiscated property of the former Petrović dynasty, drawn up in Belgrade on June 18, 6, the contested religious building was confiscated, and thus became social property - state property.
The judge said that the Metropolis could not acquire the right to ownership by maintaining the building and that they did not provide evidence that the building was ever in their possession.
He also added that the state's 20-year period required for maintenance has not passed, so there is no doubt that the conditions have not been met for the Metropolis to recognize the right of ownership on that basis.
In the lawsuit, the state states that the palace complex is their property according to the Law on State Property, but that they are unable to use the State Chapel (church), so they are asking for it to be returned to them.
In the counterclaim, representatives of the Metropolis emphasize that they have never had any problems with the current Center of Contemporary Art, nor has it ever been mentioned that it is theirs, that it is indisputable that it is a religious building, so they wonder since when is the state the owner of sacred buildings.
In the submission of lawyer Mitroplije, it is also written that the state's appeal to the decision to establish the Josip Broz Tito Art Gallery of Non-Aligned Countries is baseless.
"Bros was normally interested in paintings, not churches, he would roll over in his grave if he heard that now Montenegro, which at that time dedicated its capital city, streets, squares, galleries to him, is trying to squeeze a church into the gallery, and even an Orthodox one ", it says in that document.
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