November 9, 2015
The Municipality of Poznań, represented in the action brought by one of developers operating in Poznań by legal counsel Agnieszka Mieczkowska and legal counsel Rafał Ratajczak from SWS Law Firm Strykowski Wachowiak sp.k., shall not be obliged to pay over 15 million zlotys in compensation to the developer for the impossibility to carry out an investment at Osiedle Zwycięstwa housing estate in Poznań, in the consequence of failure to issue by the Municipality of building conditions applicable to the developer’s real property before adoption of the study of land use conditions and directions and spatial development plan which changed the intended use of the area in question.
In the judgment from December 18, 2014 the Regional Court in Poznań dismissed the action against the Municipality of Poznań for compensation indicating that, on one hand: the plaintiff should have an appropriate adjudication issued under proper administrative proceedings confirming that failure to issue building conditions was unlawful, and on the other: the plaintiff did not prove that he had actually incur a loss. The plaintiff’s appeal to the above mentioned judgment was dismissed by the Administrative Court in Poznań on November 5, 2015. The Court did not find any unlawful acts on the part of the Municipality of Poznań and emphasized that the matter of potential faults in administrative proceedings if, in fact, there were any, was not subject to cognition by common courts and should be evaluated during appropriate administrative proceedings or administrative-court proceedings.
