Facts
The [A. AG] (appellant) had received a building permit on 7 December 2012 for the demolition of Hotel [B.] and the new construction of a hotel consisting of House A and B, the new construction of House C with hotel studios, and the new construction of House D with apartments on plots 1169 and 1660. The construction completion deadline was extended twice, most recently until 30 September 2018. The appellant requested a further extension of the deadline, which was rejected. The appellant then filed a complaint with the Administrative Court of the Canton of Graubünden, which dismissed the complaint.
The appellant now requests the Federal Court to revoke the contested decision and set a reasonable deadline for the completion of its construction project. It relies on the principle of good faith and claims that the municipality of Tujetsch created a trust situation through its behavior.
Considerations
The Federal Court first examines whether the complaint is admissible. It finds that the complaint in public law matters is open to the Federal Court and that the appellant is entitled to file a complaint.
The court then addresses the question of whether the municipality of Tujetsch created a trust situation through its behavior. It finds that the municipality clearly stated in its decision of 20 February 2017 that a further extension of the construction completion deadline would only be granted in the event of extraordinary circumstances. The court concludes that the appellant was not entitled to rely on a further extension of the deadline.
The court also examines whether the appellant's rights were violated by the…