Décision judiciaire de Tribunaux de Première Instance, 6 juin 2008 (cas Tribunal d'instance de Molsheim, 6 juin 2008, 07/000067)
Date de Résolution | 6 juin 2008 |
Numéro de Décision | 07/000067 |
Juridiction | Tribunal d'instance de Molsheim |
Nature | Ct0080 |
Tribunal d'instance de Molsheim
Ct0080
Audience publique du 01/01/2999
N° de pourvoi: 07/000067
07/000067
REPUBLIQUE FRANCAISE
AU NOM DU PEUPLE FRANCAIS
TRIBUNAL D'INSTANCE
GREFFE DÉTACHÉ
avenue de la Gare
BP 50050
67131 SCHIRMECK
RG N 11-07-000067
Copie le
à
Exécutoire le
à
Pièces retournées le RÉPUBLIQUE FRANÇAISE
AU NOM DU PEUPLE FRANÇAIS
JUGEMENT du 06 juin 2008
DEMANDEUR (S):
Monsieur X... Serge ..., représenté (e) par SCP WACHSMANN-HECKER-BARRAUX-ATZENHOFFER-MEYER, avocat au barreau de STRASBOURG
DÉFENDEUR (S):
Commune de NATZWILLER 16 rue de l'Eglise, 67130 NATZWILLER, représenté (e) par Me SOLER-COUTEAUX Pierre, avocat au barreau de STRASBOURG
COMPOSITION:
Président: Françoise REINHARDT
Greffier: Myriam WIRTZ
DÉBATS:
Audience publique du 25 avril 2008
JUGEMENT:
Contradictoire,
En dernier ressort,
Mis à la disposition du public par le Greffe,
Et signé par Françoise REINHARDT, Président, et Myriam WIRTZ, Greffier.
EXPOSE DU LITIGE
Par jugement avant dire droit du 7 décembre 2007, auquel il est expressément référé pour plus ample exposé des faits et de la procédure, ce Tribunal a invité la Commune de NATZWILLER
-à s'expliquer sur l'application au cas d'espèce des dispositions de l'article L 332-15 du Code de l'Urbanisme
-à préciser la nature des travaux réalisés et, le cas échéant, à produire la facture qu'elle a dû acquitter.
La Commune produit la facture qu'elle a acquitté et précise que l'article L 332-15 du Code de l'Urbanisme n'est pas applicable en l'espèce.
Elle se réfère au règlement intérieur de la Commune, dont elle affirme qu'il est opposable au demandeur.
Monsieur X... persiste dans ses contestations, affirmant que le règlement intérieur ne lui a pas été notifié individuellement, et qu'il n'est pas suffisamment renseigné sur la localisation de l'intervention litigieuse.
MOTIFS DE LA DÉCISION
Monsieur X... ne demande pas l'annulation de la délibération du Conseil municipal, mais l'annulation du titre exécutoire émis le 1er décembre 2006.
La demande, rectifiée en cours de procédure, est en conséquence redevable.
Monsieur X... ne peut pas sérieusement prétendre que le défaut de motivation du titre exécutoire l'ait placé " dans l'ignorance la plus totale de la localisation de la fuite ", cette localisation figurant sur un croquis qu'il a lui-même réalisé.
La liquidation de la créance de la commune est faite par référence à la facture que celle-ci a dû acquitter pour la réparation d'une fuite d'eau, et dont la réalité a été...
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