Décision judiciaire de Conseil d'Etat, 7 novembre 1979 (cas Conseil d'Etat, 3 / 5 SSR, du 7 novembre 1979, 12915, mentionné aux tables du recueil Lebon)
Date de Résolution | 7 novembre 1979 |
Juridiction | Council of State (France) |
Nature | Décision |
VU LA REQUETE SOMMAIRE ENREGISTREE AU SECRETARIAT DU CONTENTIEUX DU CONSEIL D'ETAT LE 8 JUIN 1979 ET LE MEMOIRE COMPLEMENTAIRE PRESENTES POUR MME X... MARCELLE DEMEURANT AU LAC, A CHERVEIX-CUBAS DORDOGNE ET TENDANT A CE QUE LE CONSEIL D'ETAT : 1 ANNULE LE JUGEMENT DU 22 DECEMBRE 1977 PAR LEQUEL LE TRIBUNAL ADMINISTRATIF DE BORDEAUX A REJETE SA DEMANDE TENDANT A CE QUE LA COMMUNE DE HAUTEFORT DORDOGNE SOIT CONDAMNEE A LUI VERSER UNE INDEMNITE EN RAISON DU PREJUDICE SUBI PAR ELLE DU FAIT DE L'AMENAGEMENT DE BATIMENTS MUNICIPAUX A PROXIMITE D'UN IMMEUBLE LUI APPARTENANT, 2 CONDAMNE LA COMMUNE A LUI VERSER UNE SOMME DE 40 000NE SOMME DE 40 000 F AINSI QUE LES INTERETS ET LES INTERETS DES INTERETS ;
VU LE CODE DE L'ADMINISTRATION COMMUNALE ; VU L'ORDONNANCE DU 31 JUILLET 1945 ET LE DECRET DU 30 SEPTEMBRE 1953 ;
CONSIDERANT QUE SI LE STATIONNEMENT DES VEHICULES AUTOMOBILES ETAIT TOLERE PAR LA MUNICIPALITE SUR UNE PARTIE DE L'EMPLACEMENT DE L'ANCIENNE HALLE, ENTRE LES PILIERS SUPPORTANT LES BATIMENTS DE LA MAIRIE DE HAUTEFORT, ET SI IL ETAIT POSSIBLE D'ACCEDER AVEC DES VEHICULES AUX DEPENDANCES DE L'IMMEUBLE DE MME PINAUD, LESQUELES ONT UNE...
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