Publication details
Činnost obce během a po soudním přezkumu územního plánu
| Title in English | The activities of the municipality during and after the judicial review of the land use plan |
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| Authors | |
| Year of publication | 2015 |
| Type | Appeared in Conference without Proceedings |
| Citation | |
| Description | The present text are engaged in the activities of the municipality during the judicial review of the land use plan (or its changes) with emphasis on status of the municipality as a defendant in this type of proceeding of the judicial review of the measures of a general nature; and secondly, the author also looked at the various options of the municipality after the judgment of the administrative court annulling the land use plan, both with regard to the eventual filing a cassation complaint and particularly with regard to the follow-up procedure after the annulling judgment by an administrative court. Firstly, author determines the activities of the municipality during the procurement process and during the issue of the land use plan. One of the objectives of the present text is (by sample of specific case –judgment of the Regional Court in Brno dated 23rd January 2015, ref. No. 67A 15/2014-551, annulling a major update of the land use plan for the city of Brno) outline what they are the various options of the municipality after the judicial review of the land use plan with emphasis on the need to comply with binding legal opinion of the administrative court, and with an emphasis on case law established “algorithm review”. Finally, the author also tackled the question of whether it is more advantageous for the municipality to try to adjust annulled land use plan (or its change) by binding legal opinion of the court, and if this legal opinion of the administrative court is always feasible or whether it is (for the municipality) better to start preparing the land use plan (or its change) again. The present text is concluded with a short reflection on whether it is even the current way of judicial review of the land use plan suitable and sustainable. |