Décision judiciaire de Conseil d'Etat, 9 mars 1979 (cas Conseil d'Etat, 6 / 2 SSR, du 9 mars 1979, 05673, mentionné aux tables du recueil Lebon)
Date de Résolution | 9 mars 1979 |
Juridiction | Council of State (France) |
Nature | Décision |
VU LA REQUETE PRESENTEE POUR M. X..., DEMEURANT A TOULON VAR ..., LADITE REQUETE ENREGISTREE AU SECRETARIAT DU CONTENTIEUX DU CONSEIL D'ETAT LE 10 JANVIER 1977 ET TENDANT A CE QU'IL PLAISE AU CONSEIL ANNULER LE JUGEMENT EN DATE DU 17 NOVEMBRE 1976 PAR LEQUEL LE TRIBUNAL ADMINISTRATIF DE NICE A REJETE SA DEMANDE EN INDEMNITE CONTRE L'ETAT A LA SUITE DU REFUS DE PRETER LE CONCOURS DE LA FORCE PUBLIQUE ; VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ; VU LA LOI DU 30 DECEMBRE 1977 ;
CONSIDERANT QU'IL RESULTE DE L'INSTRUCTION QUE M. X... A OBTENU UN PERMIS DE CONSTRUIRE, PAR LA SUITE RENOUVELE, L'AUTORISANT A CONSTRUIRE UN IMMEUBLE DE 95 LOGEMENTS SUR DES TERRAINS DONT IL AVAIT ACQUIS LA PROPRIETE SOUS CONDITION SUSPENSIVE, PAR DES ACTES DE NOVEMBRE ET DECEMBRE 1961 ; QU'IL RECLAME A L'ETAT UNE INDEMNITE CORRESPONDANT AUX FRAIS D'ETUDES ET AUX BENEFICES DONT IL AURAIT ETE PRIVE DU FAIT DE L'IMPOSSIBILITE DE REALISER CETTE OPERATION IMMOBILIERE ;
MAIS CONSIDERANT QUE L'ABANDON DE CE PROJET ET LE PREJUDICE QUI...
Pour continuer la lecture
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