Appeal in cassation against the judgment of the WSA
On behalf of a client who owns real estate located on the territory of the City of Poznań, the Law Firm is preparing a cassation appeal against the judgment of the Provincial Administrative Court in Poznań in a case concerning the 2023 Study of Conditions and Directions for Development of the City of Poznań.
The court of first instance assumed that while the appealed resolution on the Study violates the client’s legal interest, it paid insufficient attention to the weight of the property owner’s private interest in relation to the public interest advocated by the City of Poznań. Indeed, the court found it permissible for the Study to maintain publicly accessible green space and to prohibit development throughout the
area of a private property with a significant area – and this even though the neighboring properties have been included in the development directions allowing the erection of regular residential buildings. Once the cassation appeal is filed, the case will be decided by the Supreme Administrative Court in Warsaw.