Supreme Court dismisses extraordinary review for failing to show gross legal violation despite differing interpretation of building law.
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review against the administrative court's decision regarding the mandatory demolition of a wooden shed. The applicant argued the lower court incorrectly interpreted the Building Law, but the Supreme Court noted that merely expressing a different legal view does not automatically invalidate a ruling. The court held that a violation must be so severe it causes unacceptable consequences in a democratic state to warrant overturning the decision. Consequently, the review was rejected because the administrative court's interpretation, while differing, did not constitute a gross violation of the law.
Legislator headnote
AI generatedArt. 22 ust. 1 pkt 1 ustawy o Naczelnym Sądzie Administracyjnym; Art. 37 ust. 1 pkt 1 Prawa budowlanego: An administrative court's interpretation differing from the Supreme Court's established case law does not justify overturning the decision unless it constitutes a gross violation of law causing unacceptable consequences in a democratic state.