The competence of land consolidation judge in connection with reassessment
Supreme Court order 7 May 2020, HR-2020-959-A, (case no. 20-016588SIV-HRET), appeal against judgment.
Boganesveien 118 Seksjon 5 AS, Martin Josef Feldmann, Boganesveien 118 AS, Kristine Refvik, Martin Feldmann Tannteknikk AS, Christian Mathias Tønnessen, A'head Executive AS, Tannlege Christian Tønnessen AS, Ahead Eiendom AS (Counsel Ellen Cecilie Mostad) v. Rogaland County Authority (Counsel Øystein Hus)
Justices: Indreberg, Normann, Ringnes, Falch, Høgetveit Berg
The chief judge of the Court of Appeal had appointed a land consolidation judge to administer a reappraisment from the District Court concerning redemption of commercial property. The Supreme Court, having heard the issue of the land consolidation judge's competence in writing and in a division, found that section 34 of the Judicial Assessment Procedure Act must be interpreted restrictively, giving application to the limitations in section 12 subsection 2 second sentence of the Courts of Justice Act also in reappraisal matters. This implies that the competence of the land consolidation judge in the reappraisal matters is limited to cases dealing with rights of use or ownership pertaining to real property. Decisive importance was attached to considerations of objective and consequence. Since the Court of Appeal had not considered whether the case fell within the scope of section 12 subsection 2 second sentence, the chief judge's decision was set aside. Dissenting votes 4-1.