Legislator Case Law & Legislation
III ARN 5/94 AI generated

Supreme Court allows planning decision appeal, clarifying commercial investments require location approval despite text errors.

Case Number III ARN 5/94
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Supreme Court of Poland revoked lower court rulings and remanded the case for reconsideration regarding a commercial pavilion location. The applicant argued the administrative body ignored a prior suspension of proceedings and misinterpreted the spatial planning law. The Court held that the statutory text, despite a missing semicolon causing ambiguity, clearly mandates location approval for commercial investments by individuals, and the lower courts' actions violated binding judicial reasoning.

Legislator headnote

AI generated

Art. 36 ust. 1 ustawy o planowaniu przestrzennym; The court established that commercial investments by individuals require location determination, clarifying that a missing semicolon in the unified text does not negate the legislative intent to include such projects.

Keywords

AI generated
spatial planning law location determination commercial investment individuals statutory interpretation binding judicial reasoning administrative review

Cited Legislation

AI generated
Art. 36 ust. 1 of the Spatial Planning Act
Art. 46 of the Spatial Planning Act
Art. 209 of the Administrative Procedure Code
Art. 211 of the Administrative Procedure Code
Art. 421 § 2 of the Code of Civil Procedure
Art. 422 § 2 of the Code of Civil Procedure
art. 209 k.p
art. 211 k.p

Cited Case Law

AI generated
SA/Ka 105/93

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