173.36
LPA-VDLJPA
CH-VD
Art. 76 LOI sur la procédure administrative (LPA-VD) - Motifs
Chapitre IV
Art. 76 LPA-VD · Motifs
1. Le recourant peut invoquer
a. la violation du droit, y compris l'excès ou l'abus du pouvoir d'appréciation ;
b. la constatation inexacte ou incomplète des faits pertinents ;
c. l'inopportunité.
Décisions judiciaires appliquant cette disposition (84)
PS.2025.0057 · vd (art. 76 let. b LPA-VD)
Appeal Against Restitution of Integration Benefits Based on Disputed Cohabitation
Cited as the legal basis for the appellant's successful claim regarding inexact or incomplete finding of relevant facts, leading to the annulment of part of the contested decision.
AC.2024.0137 · vd (art. 76 et 79 LPA-VD)
Landowners v. Municipality and Cantonal Department on Zoning Reserved Zone
Cited in the reasoning regarding the requirements for motivation of the appeal.
GE.2023.0085 · vd (art. 76 let. b LPA-VD)
LLC Fails to Prove Turnover Loss for COVID-19 Aid Repayment
This procedural rule was cited to establish the right of the appellant to invoke all factual means in the appeal proceedings, although it did not result in the appeal being allowed.
AC.2022.0138 · vd (Art. 76 LPA-VD)
Property Owner Appeal Regarding Unauthorized Construction and Obstruction of Inspection
Cited by the appellant as a ground alleging inaccurate factual findings, which influenced the context of the decision.
AC.2023.0038 · vd (Art. 76 et 79 LPA-VD, par renvoi de l'art. 99 LPA-VD)
Cantonal Reserved Zone Approval Upheld Pending Land Use Plan Revision
Cited in the reasoning as the applicable procedural rules for the motivation of the appeal, which implies their procedural relevance, although the final order confirms the decision without explicitly citing them again for admissibility.
361----------- · vd (Art. 76 LPA-VD)
Foreign National's Appeal Against Administrative Detention for Deportation Dismissed for Lack of Legal Grounds
Cited in the header and in the reasoning (1.3.2), as the court found the appeal failed to raise the specific grounds for appeal required by this article.
AC.2022.0122 · vd (art. 76, 77 et 79 LPA-VD)
Property Owner v. Municipality Zoning Reclassification
Used to confirm the appeal met the legal requirements for motivation.
77----------- · vd (Art. 76 LPA-VD)
Detention Extension Upheld Due to Obstruction of Deportation
This procedural article was cited as the basis for the appellant challenging the decision on the grounds of incorrect fact-finding (let. b) and inappropriateness (let. c).
AC.2022.0012 · vd (art. 76 et 79 LPA-VD)
Cantonal Reserved Zone Over Property Challenged as Abuse of Discretion
Used in conjunction with art. 99 LPA-VD to confirm the appeal satisfied the motivation requirements.
GE.2022.0108 · vd (art. 76 al. 1 let. b LPA-VD)
Appeal Against Minor Daughters' Surname Change Authorized Solely by Father Remanded for Further Fact-Finding
Cited to justify the admission of the appeal based on the incomplete finding of relevant facts by the authority below.
AC.2022.0045 · vd (art. 76, 77 et 79 LPA-VD)
Property Owner v. Municipality Regarding Building Permit Denial Based on Aesthetics
Cited as procedural rules governing the admissibility and motivation of the administrative appeal.
AC.2020.0354 · vd (art. 76 LPA-VD)
Appeal Against Partial Development Plan Approval Dismissed
Cited in the reasoning regarding the requirements for motivation of the appeal, which supports the decision to enter into the merits of the case.
HC.2022.167 · vd (art. 76 LPA-VD)
Commercial Deletion Following Unsuccessful Notifications Upheld
Cited in the reasoning as the ground for declaring the appeal inadmissible due to insufficient motivation, which implies its procedural relevance to the final decision.
AC.2021.0125 · vd (art. 76 let. a et b LPA-VD)
Neighbors v. Municipality (Noise Pollution and Building Permit)
The appeal was admitted based on the lack of complete factual findings required for the application of federal environmental law.
AC.2020.0237 · vd (Art. 76, 77 et 79 LPA-VD)
Cantonal Reserved Zone Upheld Against Good Faith Challenge Despite Oversized Building Area
Cited regarding the formal requirements for the motivation of the appeal, which the court found satisfied.