Termin na wydanie decyzji o ustaleniu opłaty adiacenckiej (art. 145 ust. 2 u.g.n.)
Time limit for issuing a decision determining the adjacency fee (art. 145 p. 2 of the Act on Land Management)

Summary/Abstract: As the Supreme Administrative Court assumed in the commented judgments, in a situation where a decision of the first instance authority was issued before the expiry of the three-year substantive period, its subsequent repeal does not exclude the possibility to determine the adjacency fee by issuing another decision. This view does not deserve approval, as the lodging of an appeal results in the fall of the first instance authority’s decision. It becomes only a „specific proposal” as to the content of the decision. An appeal in administrative proceedings transfers full competence to settle the case to a higher authority, with the result that the first-instance judgment automatically falls. If the decision of the appeal body is substantive, it will, in fact, decide the case.Therefore, the elimination of the first-instance decision from legal circulation, both due to the appeal lodged and as a result of an administrative court judgment, results in the loss of the competence of the administrative authority to adjudicate in the case. This in turn results in the need to discontinue the proceedings.

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