Judicial review of development conditions affecting a site alleged to include a former Jewish cemetery. The case concerned a planned hotel investment on land partly claimed to overlap with a historic Jewish cemetery. The court annulled the appellate authority’s cassation decision, holding that it failed to properly assess evidence regarding the cemetery’s location and legal significance. It emphasised that, if a Jewish cemetery is involved, strict statutory protections and the permanent sacred character of Jewish burial grounds may materially limit development, requiring thorough factual and legal examination.
Art. 138 § 2, Art. 136, Art. 107 § 3, Art. 139 Code of Administrative Procedure
Art. 59, Art. 61 Act on Planning and Spatial Development
Art. 6 Act on Cemeteries and Burial of the Dead
Art. 2 pkt 12, Art. 19a Act on Guarantees of Freedom of Conscience and Religion
Art. 145 § 1 pkt 1 lit. c Law on Proceedings before Administrative Courts