High Court Voids Finalized Ruling to Open Isahaya Bay Gates
Fukuoka, March 25 (Jiji Press)--Fukuoka High Court on Friday again overturned a lower court ruling that ordered the Japanese government to open floodgates built at the dike in Isahaya Bay in Nagasaki Prefecture, southwestern Japan, for a state reclamation project.
In the do-over trial, the high court supported the government's appeal to invalidate a 2010 finalized ruling ordering the state to open the gates as demanded by local fishers.
The government has kept the gates shut because there have been two finalized court verdicts giving conflicting orders--one for opening the gates and the other for keeping them closed. The tangled legal situation would be resolved if the latest ruling becomes final.
In July 2018, the Fukuoka court overturned Saga District Court's decision to dismiss the state's request for nullifying the 2010 finalized ruling, citing the expiration of local fishers' fishing rights, on which their petition for a court order to open the gates was based.
The Supreme Court sent back the case to the high court in September 2019, however, saying that the expiration of fishing rights did not provide sufficient grounds to invalidate the 2010 ruling and that the case should be reconsidered.
[Copyright The Jiji Press, Ltd.]