III RN 149/99
AI generated
Supreme Court dismisses extraordinary review due to lack of consent for land division for highway construction.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the extraordinary review filed by the Ombudsman against the administrative decision approving a land division for a highway. The owners had previously consented to the division process, which the court found satisfied the procedural requirements of the Administrative Procedure Code. Consequently, the court ruled that the lower court's decision to annul the review was legally unfounded.
Legislator headnote
AI generatedArt. 61 § 2 KPA; Art. 236 ust. 2 Konstytucji RP: An extraordinary review is inadmissible if the affected parties consented to the administrative proceeding, thereby waiving their right to challenge the resulting decision.
Keywords
AI generated
extraordinary review
administrative procedure code
land division consent
highway construction
property rights limitation
procedural admissibility
administrative decision annulment
Cited Legislation
AI generatedArt. 61 § 2 of the Administrative Procedure Code
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 12 of the Code of Civil Procedure
Art. 10 of the Act on the Payment of Tolls
Art. 61 § 1 of the Administrative Procedure Code
art. 64 ust. 3 Konstytucji
art. 236 ust. 2 Konstytucji