Conseil d'État, 5ème chambre, 31/12/2020, 439858, Inédit au recueil Lebon
Date | 31 décembre 2020 |
Judgement Number | 439858 |
Record Number | CETATEXT000042854754 |
Counsel | LE PRADO ; SCP THOUVENIN, COUDRAY, GREVY |
Court | Council of State (France) |
L'association comité d'intérêt de quartier (CIQ) des Pinchinats a demandé au tribunal administratif de Marseille d'annuler pour excès de pouvoir l'arrêté du 1er septembre 2015 par lequel le maire d'Aix-en-Provence a délivré un permis de construire à la société Aixellence Promotion. Par un jugement n° 1601697 du 20 avril 2018, le tribunal administratif a rejeté sa demande.
Par un arrêt n° 18MA05029 du 30 janvier 2020, la cour administrative d'appel de Marseille a, sur appel de l'association CIQ des Pinchinats, annulé ce jugement et l'arrêté du 1er septembre 2015.
Par un pourvoi sommaire et un mémoire complémentaire, enregistrés les 30 mars et 30 juin 2020 au secrétariat du contentieux du Conseil d'Etat, la commune d'Aix-en-Provence demande au Conseil d'Etat :
1°) d'annuler cet arrêt ;
2°) de mettre à la charge de l'association CIQ des Pinchinats la somme de 3 500 euros au titre de l'article L. 761-1 du code de justice administrative.
Vu les autres pièces du dossier ;
Vu le code de justice administrative et le décret n° 2020-1406 du 18 novembre 2020 ;
...
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