Décision judiciaire de Conseil d'Etat, 23 mai 1979 (cas Conseil d'Etat, 6 / 2 SSR, du 23 mai 1979, 97145)
Date de Résolution | 23 mai 1979 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DE LA S. A. "LES CARRIERES DE LA VALLEE HEUREUSE ET DU HAUT BANC" TENDANT A L'ANNULATION DU JUGEMENT DU 30 JUILLET 1974 DU TRIBUNAL ADMINISTRATIF DE LILLE REJETANT SA DEMANDE D'ANNULATION DE L'ARRETE DU PREFET DU PAS-DE-CALAIS DU 23 JANVIER 1973 DECLARANT D'UTILITE PUBLIQUE LES TRAVAUX DE CREATION PAR LA SOCIETE NATIONALE DES CHEMINS DE FER FRANCAIS D'UNE VOIE-MERE D'EMBRANCHEMENTS PARTICULIERS TRAVERSANT LES COMMUNES DE CAFFIERS, FERQUES ET LANDRETHUN-LE-NORD, ENSEMBLE A L'ANNULATION DUDIT ARRETE ; VU L'ORDONNANCE DU 23 OCTOBRE 1958 ; LE DECRET DU 23 DECEMBRE 1971 ; LE DECRET DU 26 JUILLET 1972 ; L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LA LOI DU 30 DECEMBRE 1977 ;
CONSIDERANT, D'UNE PART, QUE LA CIRCONSTANCE QUE L'OUVRAGE POUR L'EXECUTION DUQUEL LA SOCIETE NATIONALE DES CHEMINS DE FER FRANCAIS A DEMANDE LA RECONNAISSANCE D'UTILITE PUBLIQUE NE POURRAIT ETRE UTILISE, DANS UN PREMIER TEMPS QUE POUR L'EVACUATION DE LA PRODUCTION DE LA SOCIETE DES MARBRES DU BOULONNAIS, N'EST PAS DE NATURE A ENLEVER A CET OUVRAGE LE CARACTERE D'UNE VOIE-MERE D'EMBRANCHEMENTS ; CONS. D'AUTRE PART, QUE SI LA VOIE-MERE D'EMBRANCHEMENTS DECLAREE...
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