Request For Cancellation Of The Council Decision
TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT,
Request for Suspension of Execution.
PLAINTIFF :
ATTORNEY :
DEFENDANT :
SUBJECT : Request for annulment of the decision of the Municipal Council of …… dated …… numbered …… of the Municipality of …….
DATE OF NOTIFICATION : ……….
EXPLANATIONS
Our client purchased the aforementioned business premises located at …… address, which is the subject of the …… dated …… numbered Council decision of the …… Municipality, pursuant to the …… contract signed between our client and the …… administration. The aforementioned business premises have been physically delivered to our client. Our client is still continuing its activities at the aforementioned business premises.
However, based on the Municipal Council decision dated ………. and numbered …… of the …… Municipality, a demolition decision was made for the aforementioned business premises on the grounds that alterations and additions contrary to the project had been made; however, no such alterations or additions have been made to the aforementioned business premises as claimed.
Therefore, it is clear that the aforementioned council decision is contrary to the law, meaning that the workplace is in compliance with the project, permit, and annexes as it was at the time of delivery.
Our client purchased the workplace in question under the …… contract and subsequently took physical possession of it. In this state, our client continues to carry out activities related to their business at this workplace. It is clear that the aforementioned council demolition decision will cause irreparable damage. For this reason, it has become necessary for us to request that the council decision be suspended until the end of the lawsuit.
LEGAL GROUNDS: Urban Planning Law, Administrative Litigation Procedure Law, and other legal regulations and precedents
LEGAL EVIDENCE: The contract dated …, the council decision of the … Municipality dated … and numbered …, the … license, company records, and all other legal evidence
REQUEST AND CONCLUSION: For the reasons explained above, while reserving our rights to compensation and additional claims, we respectfully request that the court issue a decision to suspend the implementation of the decision as a precautionary measure to prevent irreparable harm, to annul the decision of the Municipal Council of ….. dated ….. and numbered ….., and to impose the litigation costs and attorney fees on the defendant administration.
……/……/..…
Plaintiff
Counsel
ATTACHMENTS:
1) Power of attorney sample,
2) ….. Municipality’s ….. dated …. numbered Council decision,
3) ….. contract.