Suspension of the Home project in Bordeaux Bastide: A change of heart at the Court of Appeal

These neighbours, including individuals but also the Darwin ecosystem, have so far recorded favorable decisions in summary proceedings, including a four-month work stoppage, while an assessment is carried out.

At his request, the city of Bordeaux also filed a violation report with the prosecutor, citing “ambiguities” in the initial building permit, about the possibility of destroying the famous slab. Prior to this process, Marignan submitted an amended building permit in order to, the developer explains, “remove any interpretive ambiguity”.

The Court of Appeal rejected the arguments of the petitioners and the summary judge. “The only lack of precision in the building permit as the future of the foundation […] does not permit a building permit violation to be established with sufficient evidence,” the judges wrote. Adding that “regarding the cracks, the expert […] clearly attributed them to the former cause”, and that “it has not been established that dust and noise are produced. […] The common disadvantages of such projects are outweighed.

“Judicial Harassment”

“We had strong certainty about the outcome of this process,” assures Romain del Bianco. “Every time the action against us has been examined on the merits and not in summary proceedings, we have won: on building permits, in commercial court…”

“Every time the action taken against us has been examined on the merits and not in summary proceedings, we have won”

The promoter believes that he was “a victim of legal harassment which cost the project four years and a huge amount of money, compounded by the rise in cost of materials and interest rates, which affected the borrowing capacity of buyers. In terms of scarcity, which we In terms of what we know, the losses suffered by local entrepreneurs, not to mention the life plans of consumers as well as those waiting for social housing »

Certainly, this rejection comes after the expiry of the four-month suspension period (in early May). But the applicants, who were fined 8,000 euros plus legal costs, were also denied their request for a suspension that would not be “regulated in time”. The Court of Appeal, however, confirms the expert evaluation mission ordered in the summary proceedings, and, as requested by the residents, the improvement extends to the examination of building permits and violation reports drawn up by the town hall.

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