KHO:1998:68
AI generated
Supreme Administrative Court dismissed appeal; municipal council decision valid despite procedural defects under Kuntalaki 52 and HML 10-11.
Legislator summary
AI generatedThe Supreme Administrative Court dismissed the applicant's appeal against a municipal council decision regarding land use. The applicant argued that the council violated procedural requirements under the Municipal Code and the Administrative Procedure Act by failing to properly notify interested parties. The court held that the substantive decision remained valid because the procedural irregularities did not affect the outcome or the rights of the parties involved.
Legislator headnote
AI generatedKuntalaki 52 §; Hallintomenettelylaki 10 ja 11 §: A procedural defect in municipal decision-making does not invalidate the decision if it does not affect the outcome or the parties' rights.
Keywords
AI generated
municipal council decision
procedural defect
Administrative Procedure Act
Municipal Code
land use planning
validity of decision
interested parties notification
Cited Legislation
AI generatedKuntalaki 52 §
Hallintomenettelylaki 10 §
Hallintomenettelylaki 11 §
Related Decisions
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Conflict of interest for council chair as foundation board member deemed resolved by active participation.
ECLI:FI:KHO:2017:196
Court dismissed appeal; technical director not excluded despite seating with public due to poor room layout.
admin_1983_central-finland-county__1857
Administrative court dismisses appeal where council member was improperly excluded from hearing their own appeal.
kko-precedent_2007_26
Shareholder who attended meeting and did not object lost right to challenge unanimous resolution. Court dismissed appeal based on statutory interpretation of joint ownership law.
admin_2012_hameenlinna__639
Administrative court dismissed appeal; town council granted immunity despite conflict of interest concerns.
Full text
Kuntalaki 52 §
Hallintomenettelylaki 10 ja 11 §