Through Writing Vire
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The administrative tribunal of Caen ruled in favor of the company Mercator by Habitat Project by canceling a deliberation, dated February 20, 2020, of municipal council of Seulline (Calvados), which had decided to exercise its urban pre-emption right on a parcel of the town, at a place called Pitot.
The Caen real estate developer had entered into a promise to sell this land. But the municipality had taken this pre-emption decision a month after the declaration of intention to alienate, of January 29, 2020, by the owners.
The city had thus disbursed € 50,000 for this acquisition, a price corresponding to that indicated by the seller in his declaration of intention to alienate his property to the company.
The latter considered that the contested deliberation was “obsolete”, “vitiated by incompetence”, adopted at the end of an “irregular procedure” or that it was “insufficiently motivated”. The company also saw in this decision “a misuse of power”.
No proof of posting
In its judgment, the Caen court noted that, a few days before the contested deliberation, the president of Pré-Bocage Intercom Normandie had delegated its right of pre-emption on the plot in dispute to the municipality of Seulline.
However, continued the judges, it did not emerge in the file that this regulatory act “would have been transmitted to the control of legality and was therefore enforceable” on February 20, 2020, date of the contested decision. Incompetence was thus retained. And that’s not all, because in December 2019, the community council of Pré-Bocage Intercom instituted this right of first refusal on several areas of the local town planning plan of the town.
This deliberation provided for its inclusion in two local newspapers, and its posting at the headquarters of the community of communes and in the municipalities. However, for the judges, it was not shown that this posting was indeed carried out, “only the proof of the advertisement in the two newspapers being reported”. This inter-municipal decision was therefore “not enforceable” in February 2020.
The losing party, the municipality of Seulline will have to pay € 800 to the company Mercator by Habitat Project for its legal costs.
SH (PressPepper)
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