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Case:
Conseil d’Etat No.98963 Case Le Port
Date:
20 March 1991
Translated by:
J T Brown
Copyright:
Professor Sir B. S. Markesinis

Conseil d’Etat
No.98963
Case Le Port

20 March 1991

(…)

Given that (i) after having ordered an inquiry prior to a declaration of public interest (“utilité publique”) relating to a proposed acquisition by the municipality of Le Port of plots of land, most of which belonged to the Département of Réunion, which were necessary for the creation of an industrial estate (“lotissement”), the Préfet finally implicitly refused the request by the municipality that he should declare the project to be of public interest and that the plots of land in question were transferable; and (ii) it appears from the papers before the Court that, in order to refrain in this way from allowing the procedure of expropriation, the Préfet based himself on the fact the Département, owner of most of the plots in question, wished to preserve ownership of them in order to carry through a similar project to that envisaged by the municipality;

Given that (i) it does not appear from the papers before the Court that in adopting the reason analysed above as a basis of the decision under attack the Préfet of Réunion committed an error of law or an error of judgement (“appréciation”); and (ii) in those circumstances, the municipality of Le Port has no grounds upon which to claim that, by the judgement under attack, which was sufficiently reasoned, the Administrative Court of Appeal of Saint-Denis de la Réunion was wrong to reject its petition claiming that the decision under attack be quashed;

DECIDES:
Article 1: the petition of the municipality of Le Port is rejected.
Article 2: (…)

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