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Barn for chicken raise – landfill – changes to remove harm.

Country/Territory
Morocco
Type of court
National - higher court
Date
Apr 21, 2015
Source
UNEP, InforMEA
Court name
Court of Cassation
Seat of court
Rabat
Language
English
Abstract

The Cassation Court’s decision did not oblige the appeal court on removing the harm through making changes, yet on looking for the possibility of alleviating it through accompanying procedures or making changes on the site, which is a barn of two floors for raising chicken near a residential house with a landfill that emits foul smell and insects harming him and his family requesting a ruling to obstruct raising chicken in the said barn and to take away the landfill; the court ruled on the subject regardless of the plaintiff’s dispute that the changes done does not remove the harm even though the harm must be eliminate if changes do not alleviate it to protect the person harmed, which requires investigative procedures to make sure whether or not the changes suggested by the expert will remove the harm subject of this case which makes the court’s decision unfounded should be overruled.

Decision overruled

Available in
Court of Cassation’s Decisions on the environment