Wish me good luck
By topffer
@topffer (42156)
France
June 22, 2016 10:07am CST
Some members already know that I studied law during many years in college. I have never been a professional lawyer inscribed to a bar but I plead times to times. It is easier to defend others than to defend yourself, and I have had to start an administrative trial against a small town two years ago when they decided to classify many building plots that I own there as natural areas in their urban plan. These lands might be a lot of things, but certainly not "natural", and with this status they became worth nothing. The town was obviously cheating, and I decided to ask to an administrative court to cancel their new urban plan. But I specialized in criminal law, I knew nothing to administrative law and I had only 2 months to start the trial. I asked help to an old friend who is teaching administrative jurisprudence in a college, and he introduced me during a dinner to one of his previous girlfriends who is teaching urban planning law in another college. Both have written course books for college students and are among the best specialists in their respective domain : it was a dream team.
For an administrative court, everything has to be completely written. I asked the court to cancel the urban plan globally or at least partially for some of my lands for misuse of procedures, violation of laws and misuse of powers. I wrote it and my friend and his ex corrected my prose like if I was one of their students, asking me to look at a jurisprudence and to add it or to insist on a law. I like the way they acted by helping me to write, but not by writing themselves. It is very kind and tactful, and they did not asked a cent for their great job. I could not hope to have better coaches.
Instead of appointing a public servant to ensure its defense, the town decided to pay a professional lawyer specialized in administrative law to defend them, and I had to exchange memos with this lawyer, who has indeed denied my request (it is his job) but is also asking for damages, which is less fair as I am not asking a cent of damages to the town for the damages they did to me.
The case will be judged by the court tomorrow. As I plead for myself, I have received a link to check online the way the public rapporteur will conclude tomorrow. The public rapporteur plays in a French administrative court the role played by the public prosecutor in a criminal court : he gives the opinion of the state on the case and tells to the court the way they should judge to follow the laws. The conclusions of the public rapporteur are "global or partial annulment of the urban plan". Apparently, he follows me completely, which is something relatively rare.
An administrative court is never forced to follow the conclusions of the rapporteur, but they do it most of the time. We have again a general strike tomorrow, and I hope that I will have a train to go to court. It is the first time that I will plead in an administrative court. My friend told me to be brief and to avoid any effect or gesture like if I was in a criminal court. Lol, I have never been a dramatist, but, ok, I can be more serious than usual once : I will go there just to tell that I agree completely with the conclusions of the public
rapporteur. It will be the shortest plea of my life.
Wish me good luck please.
PS : I apologize to not be very present and to not respond to your discussions today, I have some homework to do to prepare myself if a judge was asking me something about my case tomorrow. Sorry, I will try to catch up later.
18 people like this
23 responses
@Mike197602 (15505)
• United Kingdom
22 Jun 16
Good luck although I'm sure you won't need it...always good when the little man wins against the system
3 people like this
@topffer (42156)
• France
22 Jun 16
Because I was more interested by archeology than by law : my master was about penal law and archeology, and the ministry of culture offered me a job as a mission head. I did an administrative job during a few years, before I managed to be a full time field archeologist : I was volunteering in archeology since the age of 16 and it was the dream job I always wanted to do.
2 people like this
@much2say (55601)
• Los Angeles, California
23 Jun 16
@topffer Besides the knowledge, it certainly sounds like you know what to expect as well (that's good for confidence) . . . I sure hope the edge you have gives you the win! That's so interesting to me how you were into law AND archaeology . . . you must be one smart cookie, my friend!
1 person likes this
@topffer (42156)
• France
22 Jun 16
I studied law up to a PhD, so I have more than a bit of law background, but quite nothing in administrative law, and I really needed help here. The conclusions of the public rapporteur are very good for me, and I hope that the court will follow them. I will have the judgment in 2 or 3 weeks I think.
1 person likes this
@LadyDuck (471500)
• Switzerland
23 Jun 16
@topffer Well, it's not so long. My father had a rural land in Modena. The authorities "expropriated" the land (paying a ridiculous price) for public utility, because the railroad had to be built on these lands. In the early 90's we discovered that they did not use the land for public railroad, but they "sold" the land to FIAT for their high speed train. To cut short, we are still discussing this matter.
@topffer (42156)
• France
24 Jun 16
It went even better than expected : the conclusions of the public rapporteur were completely favorable for me. He asked to the court to 1) annul the urban plan, because of a problem of procedure that I had raised (there was a problem in the deliberation of the mayor deciding that the town will have a new urban plan : it is file #1 in the dossier : if you annul file #1, you annul all following files because they have no legal basis) and 2) to classify my lands again as buildable areas, due to a manifest error of assessment from the town. I had asked for 2) on another legal ground, but the final result is the same. The President of the court took notes and has been kind when he asked for my observations.
Now the court is not forced to follow the conclusions of the state, but they do it 9/10 times, and I will have the judgment in 2 weeks.
1 person likes this
@Blue_bubble (697)
• Raipur, India
22 Jun 16
I love how well detailed the post was. Good to read it.
And All the best for the trials from my side even though it is completely apparent that you have already won this one!
1 person likes this
@Blue_bubble (697)
• Raipur, India
22 Jun 16
@topffer That's great you can anticipate the decision tomorrow itself you won't have to wait for it for another 2-3 weks.
1 person likes this
@koopharper (7601)
• Canada
22 Jun 16
Hope your day in court goes well. I worry about zoning changes here all the time. Thankfully we live so far off the beaten path most public officials really don't care about the place.
1 person likes this
@epiffanie (11326)
• Australia
26 Jun 16
Wow! So many infos to absorb here, but I am fascinated by courts and law issues .. Good luck to you! ..
My dream was to become a lawyer but didn't happen.. however, even at my age now, if I really want to, I could take up law.. But I'm too tired now to think deep .. lol
1 person likes this
@topffer (42156)
• France
26 Jun 16
Thank you. I studied law to obey to my parents, and becoming a lawyer has never been a dream job for me, but my studies help me times to times.
If you are interested by courts, do not miss my next discussion about the "Froggate" that I will start in a moment, I think you will have some fun.
1 person likes this
@jstory07 (139697)
• Roseburg, Oregon
24 Jun 16
I do wish you luck I hope you win your case tomorrow.
@cacay1 (83480)
• Cagayan De Oro, Philippines
24 Jun 16
I wish you good luck.The way you write is the way how a lawyer writes...so scholarly.
@JamesHxstatic (29413)
• Eugene, Oregon
22 Jun 16
I hope that the court's ruling is fair and equitable, as courts should be.
1 person likes this