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MAGNUSSON WINS IN SWEDEN’S ENVIRONMENTAL COURT

2019-04-26

Magnusson has successfully represented Varbergs Bostadsaktiebolag in the Environmental Court in a case concerning exemption from the prohibitions in the biotope protection provisions in the Environmental Code.

In the case, the question was whether exemption could be granted for the removal of a tree-lined avenue in favor of new housing construction. The Environmental Court issued a ruling since Varbergs Bostadsaktiebolag appealed the county administrative board's decision not to grant an exemption from the biotope protection rules. In the judgment, it was found that Varbergs Bostadsaktiebolag showed that the avenue has not yet developed such biological qualities and ecological functionality that forms the basis for the general protection for avenues, and also that Varbergs Bostadsaktiebolag has shown that the development of additional housing in the area is an urgent interest which can hardly be met without the avenue trees being removed.

Magnusson’s environmental team in the matter consisted of attorneys Mårten Tagaeus and Paulina Tengroth, as well as associate Leon Wadman.

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