令和5(行ウ)77 納骨堂経営許可処分等取消請求事件

In 2023 (Reiwa 5), a group of residents in Osaka Prefecture filed an administrative lawsuit with the Osaka District Court, seeking the revocation of a columbarium (nokotsudo) business license granted by the prefectural governor. The plaintiffs contended that the permit issuance violated the City Planning Act and Building Standards Act, failing to adequately assess the adverse effects on their living environment, including increased traffic, noise, and psychological distress. The core administrative act under challenge was the approval itself, docketed as Reiwa 5 (Gyo-U) No. 77. The residents argued procedural defects in public hearings and an abuse of discretionary power. The case examined the balance between the administrative agency's authority to issue such permits and the legitimate interests of the surrounding community in preserving their quality of life.

The Osaka District Court dismissed the residents' claims, ruling that the administrative procedures were properly followed and the governor's decision fell within the bounds of lawful discretion, affirming the validity of the business license.

Whether the governor's issuance of the columbarium business license was illegal due to procedural deficiencies in the permit review process and the failure to properly consider the detrimental impacts on the residential neighborhood, thereby constituting an abuse of administrative discretion.

The case underscored the regulatory gaps in columbarium siting and intensified public discourse on the need for stricter local ordinances. It prompted several municipalities to revise their consultation requirements for burial and religious facilities, aiming to better balance religious freedom with community welfare and land-use planning.