TOMASZ PRZYBECKI
13-06-2016

Challenging the local plan – a new case

The law firm has contracted with new clients to handle a case involving a violation of legal interest by a resolution of the Z. City Council on a local zoning plan.

The adopted local plan violates the m. among other things article 15 para. 1 of the Law of March 27, 2003 on spatial planning and development, as it does not contain mandatory elements, that content. At the same time, the plan orders the demolition of the clients’ properties, thereby violating their property rights. Therefore, according to Art. 101 para. 1 of the Act of March 8, 1990 on municipal government, has been

filed a complaint with the provincial administrative court requesting the cancellation of the local zoning plan. Often a challenge to a local plan is the only salvation against a commune’s sovereign action preventing the use of a property in its current manner.