Road Special Act – success before the NSA, will the reconstruction of the flyover in Antoninek be stopped?
The law firm’s case before the Supreme Administrative Court on behalf of the owner of land expropriated for a road project – the reconstruction of an overpass in Antonik – ended successfully.
The cassation appeal prepared by Tomasz Przybecki was found by the Court to be justified. The Supreme Administrative Court agreed with the position that the provisions of the so-called spec law cannot absolutely exclude the provisions of local development plans. According to the Court, the content of the localization decision issued under the Road Spec Act should take into account the legitimate interest of the landowner guaranteed by the provisions of the local plan.
In the case of the client, the administrative authorities, through the issuance of a localization decision, deprived her of the opportunity to run a rainwater collector, the course of which is guaranteed in the local zoning plan. Following today’s ruling, action will be taken to halt the investment and amend the construction permit accordingly.