Décision judiciaire de Conseil d'Etat, 9 février 1977 (cas Conseil d'Etat, 2 / 6 SSR, du 9 février 1977, 00114)
Date de Résolution | 9 février 1977 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DU SIEUR Y... RENE TENDANT A L'ANNULATION DU JUGEMENT DU TRIBUNAL ADMINISTRATIF DE PAU DU 25 MAI 1975 REJETANT SA DEMANDE TENDANT A L'ANNULATION DE L'ARRETE DU 18 NOVEMBRE 1969 PAR LEQUEL LE MAIRE DE MOMERES A PERMIS AU SIEUR X... DE SURELEVER SA MAISON, ENSEMBLE A L'ANNULATION DUDIT ARRETE ; VU LE CODE DE L'URBANISME ; L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LE CODE DES TRIBUNAUX ADMINISTRATIFS ; LE CODE GENERAL DES IMPOTS ;
CONSIDERANT QU'AUX TERMES DE L'ARTICLE 21 DU DECRET DU 13 SEPTEMBRE 1961 : "LE PERMIS DE CONSTRUIRE EST PERIME SI LES CONSTRUCTIONS NE SONT PAS ENTREPRISES DANS UN DELAI D'UN AN A COMPTER DE SA DELIVRANCE" ; CONS. QU'UN PERMIS DE CONSTRUIRE A ETE DELIVRE AU SIEUR X... PAR UN ARRETE DU MAIRE DE MOMERES EN DATE DU 18 NOVEMBRE 1969 POUR SURELEVER ET AMENAGER UNE MAISON D'HABITATION ; QUE, SI LE SIEUR X... A ADRESSE AU MAIRE LE 6 NOVEMBRE 1970 UNE DECLARATION D'OUVERTURE DE CHANTIER, IL...
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