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Title:
Barn for chicken raise – landfill – changes to remove harm.
Party:
Morocco
Region:
Africa
Type of document:
National - higher court
Date of text:
April 21, 2015
Data source:
InforMEA
Court name:
Court of Cassation
Seat of court:
Rabat
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