The appellant requested a stay of execution of a decision given regarding the demolition of a jetty that had been constructed without a permit. The Land and Environment Court affirmed the decision along with an injunction to apply for a permit in a judgment.

The appellant, Sotenäs kommun, appealed to the Land and Environment Court of Appeal and demanded that a stay of the execution should be made with regards to the injunction to demolish the jetty.

As a legal basis, the appellant referred to chapter 7, section 12 of “restvattenlagen” (1998:812) which built on older legislation that permitted stay of execution in cases like the present. However, the Land and Environment Court of Appeal stated that stay of execution normally requires an explicit legal basis.

The Land and Environment Court of Appeal concluded that there was no other legal basis supporting a stay of execution regarding the demolition of the jetty.