Décision judiciaire de Conseil d'Etat, 22 avril 1983 (cas Conseil d'Etat, 6 / 2 SSR, du 22 avril 1983, 35199)
Date de Résolution | 22 avril 1983 |
Juridiction | Council of State (France) |
Nature | Décision |
Requête de M. X... tendant à :
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l'annulation du jugement du 13 mars 1981 du tribunal administratif de Grenoble rejetant la demande d'indemnité présentée par M. X... à la commune de Saint-Paul-les-Romans ;
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la remise d'une indemnité de 5 000 F augmentée des intérêts légaux au titre du préjudice que lui a causé ladite commune en procédant à une inhumation sur le terrain de sa concession ;
Vu l'ordonnance du 31 juillet 1945 et le décret du 30 septembre 1953 ; la loi du 30 décembre 1977 ;
Considérant que le pourvoi de M. X... tend à obtenir la condamnation de la commune de Saint-Paul-les-Romans à réparer le préjudice matériel et moral qu'elle lui aurait causé en laissant inhumer les corps de deux personnes d'une famille étrangère dans les limites de sa propre concession funéraire ;
Cons. que le maire de Saint-Paul-les-Romans, en dépossédant M. X... des droits dont il jouissait sur sa concession funéraire perpétuelle a commis une emprise irrégulière dont il n'appartient qu'aux juridictions judiciaires de...
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