Acórdão nº 9730516 de Court of Appeal of Porto (Portugal), 05 de Junho de 1997
Magistrado Responsável | CAMILO CAMILO |
Data da Resolução | 05 de Junho de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO. REVOGADA PARCIALMENTE.
Área Temática: DIR PROC CIV - RECURSOS. DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CPC67 ART273 N2. CEXP91 ART25 N2 N3.
Sumário: I - Em processo de expropriação por utilidade pública, o recurso da decisão arbitral para o tribunal de 1ª instância, não faz com que esta deixe de ser 1ª instância, sendo, por isso, admissível a ampliação do pedido indemnizatório enquanto decorrem os termos das diligências instrutórias, ou seja, antes do processo entrar na fase das alegações. II - Se a superfície para implantação de qualquer unidade industrial não pode exceder 70% da área do lote, considerando os peritos, para cômputo da indemnização, a ocupação de 60% e ainda um valor de 20% dessa ocupação para fins administrativos, tal é perfeitamente equilibrado. III - Sendo o terreno florestado mas confrontando 20 metros com uma estrada...
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