Par Writing Seine-Saint-Denis
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The administrative court of appeal of Paris rejected the request of the City of Raincy (Seine-Saint-Denis), who wanted to have his state of ” natural disaster “ following “differential ground movements” related to drought and the rehydration of the soils that it had experienced in 2019.
The showered hope of the inhabitants of Raincy
At first instance, the administrative court of Montreuil had canceled the interministerial decree which had refused this official recognition, opening the way to compensation for the inhabitants affected by the phenomenon.
But the decision had in fact been canceled for a simple procedural defect, linked to the composition of an “interministerial advisory commission”. However, the means “lack in fact”, consider the Parisian judges in a judgment dated March 31, 2023 which has just been made public.
A not abnormal situation for the State
The town hall of Raincy nevertheless still accused the State, on appeal, of having committed an “error of law”: the ministries of the Interior and of the Economy and Finance had “not responded to the entire of his requests.
“The municipality maintains (…) that in addition to a request for recognition (…) due to the differential ground movements linked to the drought (…), it has requested recognition of a state of natural disaster under movements simple land and flooding by runoff and overflow of watercourses”, explains the administrative court of appeal of Paris.
“However (…), if the municipality resumes in parentheses and in a non-exhaustive manner, the phenomena of flooding by runoff, by overflow of watercourses, mudslides and landslides as well as drought-rehydration of soils, it only retains in its statement this last phenomenon”, notes the court.
Natural phenomenon which has not been deemed “abnormal” by the State.
The city of Raincy was therefore ordered to pay 1,500 euros to the State for its legal costs in this case.
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