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III RN 12/97 AI generated

Supreme Court dismisses extraordinary review regarding building permit validity despite local plan changes.

Case Number III RN 12/97
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by a vegetable farm regarding the validity of a building permit. The plaintiff argued the permit became unenforceable after a local land-use plan was amended, while the state contended the permit remained valid due to the investor's reliance on a prior final location decision. The court ruled that the building permit does not expire upon subsequent plan changes and that the administrative decision remains legally enforceable.

Legislator headnote

AI generated

Art. 46 ust. 1 ustawy o zagospodarowaniu przestrzennym; art. 35 ust. 3 ustawy o zagospodarowaniu przestrzennym: A building permit issued based on a final location decision retains its validity and enforceability even if a subsequent local land-use plan is amended or changed.

Keywords

AI generated
building permit validity local plan amendment extraordinary review dismissal legal certainty protection administrative decision enforceability property rights protection reliance interest

Cited Legislation

AI generated
Art. 46 ust. 1 of the Spatial Planning Act
Art. 35 ust. 3 of the Spatial Planning Act
Art. 32 ust. 4 of the Building Law
Art. 33 ust. 2 of the Building Law
Art. 156 § 1 pkt 5 of the Administrative Procedure Code
Art. 16 § 1 of the Administrative Procedure Code
Art. 393 § 12 of the Code of Civil Procedure

Cited Case Law

AI generated
NSA of 7 July 1983, II SA 581/83

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