Council of Mayor and Aldermen suspended enforcement of service apartment ban pending appeal on interim request.
Paesi Bassi (NL)
Sintesi Legislator
Generato dall'IAThe Council of Mayor and Aldermen of Bergen (NH) requested an interim order to suspend the enforcement of its decision to ban the use of a service apartment as a private residence. The applicant argued that enforcing the ban would cause significant hardship while the main appeal regarding the planning permit was pending. The court granted the request, suspending the enforcement of the ban until the main appeal is resolved, while ordering the Council to pay the applicant's legal costs.
Regesto Legislator
Generato dall'IAArticles 8:81 and 8:82 of the General Administrative Law; In cases where enforcement of an administrative decision would cause significant hardship to the applicant and the opposing party's interest in enforcement is diminished by pending proceedings, the court may suspend enforcement pending the outcome of the main appeal.