The deliberation should be delivered on Thursday, July 7 by the Administrative Court of Appeal of Bordeaux. She examined a 100% Périgourdin and 100% thorny file, that of the future of the remains of the Beynac bypass site. The site, we recall, has been buried by the courts since December 2019 and the latter ordered the destruction of the site and the restoration of the site.
The public rapporteur recommends daily allowances
Since that date, the site remained in the same state because the department affirms that the demolition requires impact studies. Opponents believe that there is bad faith. This is why they seized the Administrative Court of Appeal of Bordeaux to force the department to respect the court decision. The hearing took place this Tuesday, June 28 with lawyers for both parties.
At the start of the hearing, the public rapporteur delivered his conclusions. He recommends that the department be ordered to pay 3,000 euros in compensation per day if it does not start demolition within six months, and up to 5,000 euros per day if the site is not completely destroyed by 18 months.
A demolition “legally and technically impossible”
The lawyer for the Dordogne department, Maître Heymans, argues that the department cannot “legally and technically” started this demolition because justice asked him to do so “with caution”. The Bordeaux lawyer believes that even if the rapporteur’s conclusions are unfavorable to the department, the latter gave “elements in his favor“. Maître Heymans adds that he intends to submit other documents to the court, notes of deliberation. According to him, these new documents could shift the date of deliberation.
The rapporteur recognizes “the bad faith of the department” for the opponents
On the side of the opponents, the lawyer of Philippe d’Eaubonne president of the association Defend the Dordogne valley, master Raphaëlle Jeannel believes that the public rapporteur has “acknowledged bad faith” of the department. Maître Raphaëlle Jeannel pleaded for the department to pay penalties since the first month of delay, since the beginning of 2020. She also asked that the prefect be able to take care of the destruction at the expense of the department if the department refuses to do so.
The deliberation is expected a priori for July 7th. This judgment could be challenged before the Court of Cassation.