SPCG has announced that it won a dispute for the Town of Zakopane involving charges that the Zakopane Council’s Resolution of December 15, 1999, No. XV/140/99, on the study of the conditions and directions of spatial management for the town, was invalid.
The proceedings were initiated by a complaint filed pursuant to Poland’s Article 101 of the Act on Municipal Government. The Complainant asserted that the Study was made in breach of its legally protected interest and, further, that the Study had been issued in violation of the law.
The case was heard by the Regional Administrative Court in Krakow and then, as a result of cassation complaints filed by both Parties, by the Supreme Administrative Court (NSA) in Warsaw. By judgment of December 12, 2014, the NSA dismissed the cassation complaint from the Complainant and endorsed the Council’s arguments, finding, among other things, that there were no grounds for declaring the Study invalid since its adoption had not involved a breach of the law.
According to SPCG, “the NSA’s judgment is of major importance in the context of the local spatial development plan now drafted by the Town of Zakopane.”
The SPCG team on the matter included Jakub Gorski and Agnieszka Kubala.