A Tel Aviv District Court judge has dismissed a request to certify a class action lawsuit against Kibbutz Nir David concerning public access to Nahal Haasi, a natural stream running through the kibbutz grounds. In her Thursday ruling, Judge Idit Barkowitz acknowledged that the public holds access rights to the natural resource, but determined that a class action suit is neither an efficient nor fair mechanism for resolving this complex dispute.
The decision emphasized the need to balance the public's right to reach the stream against the rights of kibbutz members whose homes are located along its banks. The court also recognized the kibbutz's substantial investment—estimated at tens of millions of shekels—in rehabilitating, cleaning, and maintaining the stream and its surroundings over many years.
Judge Barkowitz characterized the dispute as a "multi-faceted problem" without simple solutions, stressing that "a judge is not a planning institution." She clarified that the state, not the courts, must establish the practical conditions that would enable public access while protecting residents' privacy, safety, and daily routines.
The court endorsed the "Green Beach" framework developed by the state during a previous administrative petition as providing an appropriate, fair, and reasonable solution. This plan allows the public to enter the stream via a beach at its western edge, outside the residential area, and provides controlled access to the southern bank. However, it does not permit unrestricted entry to the northern bank adjacent to kibbutz homes.
