Hoger beroep van Raad van State, August 25, 2004
Datum uitspraak: | 2004/08/25 |
Uitgevende instantie:: | Raad van State |
200400105/1.
Datum uitspraak: 25 augustus 2004
AFDELING
BESTUURSRECHTSPRAAK
Uitspraak op het hoger beroep van:
-
[appellant sub 1] en
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[appellant sub 2], beiden wonend te [woonplaats], en
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[appellant sub 3], wonend te [woonplaats],
appellanten,
tegen de uitspraak van de rechtbank Haarlem van 25 november 2003 in het geding tussen:
appellanten
en
de raad van de gemeente Heemstede.
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Procesverloop
Bij besluit van 22 mei 2003 heeft de raad van de gemeente Heemstede (hierna: de raad) - opnieuw beslissend op de bezwaren van appellanten - aan appellanten sub 1. tot en met 3. een schadevergoeding toegekend van onderscheidenlijk € 43.800,00, € 51.100,00 en € 51.100,00, vermeerderd met de wettelijke rente vanaf onderscheidenlijk 8 april 1998, 20 juni 1996 en 11 november 1997 tot en met het moment van uitbetaling (1 juni 2003), onder vermindering van de reeds uitbetaalde bedragen en de daarover te berekenen wettelijke rente.
Bij uitspraak van 25 november 2003, verzonden op 27 november 2003, heeft de rechtbank Haarlem (hierna: de rechtbank) het daartegen door appellanten ingestelde beroep gegrond verklaard, de bestreden beslissing op bezwaar vernietigd, de op 8 mei 1998 en 19 juni 1998 door appellanten ingediende bezwaarschriften gegrond verklaard, de besluiten van de raad van 26 maart 1998 en 28 mei 1998 herroepen, bepaald dat aan appellanten sub 1. tot en met sub 3. een schadevergoeding wordt toegekend van onderscheidenlijk € 35.394,86, € 41.294,00 en € 41.294,00, vermeerderd met de wettelijke rente vanaf onderscheidenlijk 9 april 1998, 20 juni 1996 en 11 november 1997 tot de dag van uitbetaling, het verzoek om vergoeding van schade als bedoeld in artikel 49 van de Wet op de Ruimtelijke Ordening (hierna: WRO) voor het overige afgewezen en bepaald dat deze uitspraak in de plaats treedt van het vernietigde besluit. Deze uitspraak is aangehecht.
Tegen deze uitspraak hebben appellanten bij brief, bij de Raad van State ingekomen op 7 januari 2004, hoger beroep ingesteld. Deze brief is aangehecht.
Bij brief van 6 februari 2004 heeft de raad van antwoord gediend.
De Afdeling heeft de zaak ter zitting behandeld op 5 augustus 2004, waar appellanten, vertegenwoordigd door mr. V.J.M. Janszen, advocaat te Haarlem, vergezeld van [appellant sub 2] en [appellant sub 3], en de raad, vertegenwoordigd door mr. A.E. Hopman, hoofd afdeling Algemene en Juridische Zaken van de gemeente, zijn verschenen.
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Overwegingen
2.1. Op 21 juli 1994 heeft de raad het...
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