Property Owner v. Municipality on Compulsory Sale for Public Utility

A property owner, who had constructed a building on their land, contested a municipal decision that subjected them to a compulsory sale of the property for reasons of public utility, arguing the expropriation was not genuinely necessary and that the administrative procedure lacked the required prior consultation with the competent technical services regarding the utility of the project. The court rejected the appeal, holding that the administration's decision regarding public utility, provided it is not vitiated by manifest error or abuse of power, is a sovereign appreciation outside the direct review of the administrative judge, and that the absence of consultation with technical services, while potentially subject to procedural review, did not invalidate the decree of public utility given the existing documentation supported the decision.