Décision judiciaire de Conseil d'Etat, 5 novembre 1971 (cas Conseil d'Etat, 3 / 5 SSR, du 5 novembre 1971, 80996)
Date de Résolution | 5 novembre 1971 |
Juridiction | Council of State (France) |
Nature | Décision |
REQUETE DES EPOUX X..., TENDANT A L'ANNULATION D'UN JUGEMENT EN DATE DU 7 AVRIL 1970 PAR LEQUEL LE TRIBUNAL ADMINISTRATIF DE STRASBOURG A REJETE LEUR DEMANDE D'ANNULATION DE L'ARRETE DU PREFET DU BAS-RHIN DU 28 JANVIER 1969 DECLARANT D'UTILITE PUBLIQUE LA CREATION D'UN LOTISSEMENT A INNEHEIM BAS-RHIN ET CESSIBLES LES PARCELLES NECESSAIRES A CETTE CREATION.
VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; LE CODE GENERAL DES IMPOTS ;
SANS QU'IL SOIT BESOIN DE STATUER SUR LA FIN DE NON-RECEVOIR OPPOSEE PAR LE MINISTRE ; - CONSIDERANT QUE LES EPOUX X... ONT ACQUIS EN 1965 A INNENHEIM BAS-RHIN DES TERRAINS APPARTENANT AU MAIRE DE CETTE COMMUNE ; QUE, LORS DE L'ACQUISITION, CELUI-CI, AGISSANT EN QUALITE DE MAGISTRAT MUNICIPAL, LEUR A DELIVRE UNE "AUTORISATION DE DESTINER ET RESERVER" CES TERRAINS A LA CONSTRUCTION D'UNE MAISON D'HABITATION ; QUE, PAR DELIBERATION DU 12 MARS 1967, LE CONSEIL MUNICIPAL D'INNENHEIM, POUR FAIRE FACE AUX BESOINS EN LOGEMENT, A DECIDE DE CREER UN LOTISSEMENT ; QUE LE PREFET DU BAS-RHIN A DECLARE L'OPERATION D'UTILITE PUBLIQUE ET PRONONCE PAR UN ARRETE EN DATE DU 28 JANVIER 1969 LA CESSIBILITE DE TERRAINS DONT FONT PARTIE CEUX ACQUIS DES EPOUX X... ;
CONS. D'UNE PART QUE LE FAIT...
Pour continuer la lecture
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