Nordreisa municipality can be sued in dispute regarding the right of common access

Two owners of sheep grazing rights in an outlying area brought an action against the municipality claiming that dog sledding was not allowed in the area. The dog sledding took place in compliance with the right of common access, see section 2 of the Outdoor Recreation Act. The Supreme Court found it clear that this was a legal claim, and also concluded – unlike the previous instances – that the municipality could be sued as a representative of the general public in a case concerning the scope of the rights of the public under the Outdoor Recreation Act, see section 1-3 of the Dispute Act and section 22 subsection 3 of the Outdoor Recreation Act. Symmetry considerations and policy considerations were given weight. The case was allowed before the District Court.

Read the whole order (Norwegian only)

Areas of law: Civil procedure. The right of common access. Section 1-3 of the Dispute Act, section 22 of the Outdoor Recreation Act.

Key paragraphs: 42-43, 49, 51-53

Justices: Skoghøy, Normann, Ringnes, Falch, Sæther