III RN 58/02
AI generated
Supreme Court dismissed appeal for failure to consider full evidence regarding zoning decision legality.
Poland (PL)
Legislator summary
AI generatedThe Supreme Court dismissed the applicant's extraordinary review appeal against a lower administrative court's decision. The applicant argued that the lower court failed to fully evaluate the evidence regarding zoning conditions and neighboring property rights. The court ruled that the lower court correctly considered the complete file and found no violation of material law affecting the case outcome.
Legislator headnote
AI generatedArt. 22 ust. 1 pkt 1 i art. 22 ust. 2 pkt 1 ustawy o Naczelnym Sądzie Administracyjnym; Art. 328 § 2 KPC; The Supreme Court held that a violation of material law is established only if the lower court fails to consider the entirety of the evidence to determine its impact on the case result.
Keywords
AI generated
extraordinary review appeal
administrative law violation
full evidentiary material
zoning conditions decision
neighboring property rights
equal treatment guarantee
Supreme Court dismissal
Cited Legislation
AI generatedArt. 22 ust. 1 pkt 1 and Art. 22 ust. 2 pkt 1 of the Act on the Supreme Administrative Court
Art. 328 § 2 of the Code of Civil Procedure
Art. 7 and Art. 11 of the Administrative Procedure Act
Art. 32 in conjunction with Art. 64 ust. 2 of the Constitution of the Republic of Poland
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 of the Code of Civil Procedure
art. 236 ust. 2 Konstytucji