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Attorney-at-Law Liina Linsi successfully represented a client in a dispute regarding the lawfulness of a detailed plan in the Supreme Court. Among other things, the dispute touched upon the involvement of a County Governor in a court dispute
Liina Linsi, Viive Näslund and Marika Jaanson, Attorneys-at-Law from Lepik & Luhaäär LAWIN successfully represented a client in preparation of a notice of appeal and further proceeding of the dispute regarding the lawfulness of a detailed plan. Under the judgement of Tallinn Court of Appeal, the appeal was satisfied to the full extent, and the Supreme Court of Estonia retained the appealed judgement in full force and effect. The decision passed by the Supreme Court in the given case is important from the point of view of law interpretation as well as development of uniform court practice. The Court discussed matters related to whether a supervision decision of a County Governor is to be deemed as a procedural act or as an administrative act, in the dispute regarding planning - the involvement of a County Governor in a court proceeding, and transition from a complaint filed for the protection of subjective rights to the so-called "popular complaint". The Supreme Court has agreed with the positions of Lepik & Luhaäär LAWIN that the approval of a County Governor regarding a detailed plan changing a comprehensive plan is an appropriate and binding approval, which is a procedural act, not an administrative act, and that such an approval cannot constitute a basis for obligating a local government to establish a plan that has undergone the supervision of the County Governor. The Supreme Court agreed with Lepik & Luhaäär LAWIN also in the position that the legal relationship of a County Governor and the local government in a planning proceeding is primarily intra-administrative, and therefore independently disputing an approval granted by a County Governor as a procedural act is not possible as a rule. Disputing a supervision decision is still possible in case a binding prohibition to establish a detailed plan derives from the supervision decision. Additional information: Liina Linsi liina.linsi@lawin.ee
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