Facts
The municipal council of Ebikon approved the construction of a multi-family house on plot No. 1310, GB Ebikon on 30 September 2004. The landowner sold the plot to the married couple Y., who applied for a subsequent project modification on 3 November 2005. The municipal council approved this modification and dismissed the objection of the neighbor X. X appealed to the Administrative Court of the Canton of Lucerne, which dismissed his appeal with a judgment of 10 January 2007. Thereupon, X filed an appeal with the Federal Court.
The parties are: X (appellant), the married couple Y (appellees), and the municipal council of Ebikon as well as the Administrative Court of the Canton of Lucerne (preceding authority). The decision of the Federal Court was issued on 20 June 2007.
Considerations
The Federal Court examines its jurisdiction ex officio and investigates whether the appeal can be considered. The appeal must be sufficiently substantiated according to Art. 42 para. 1 and 2 FSCA. The appellant must demonstrate that the statutory requirements for standing are met.
The Federal Court adjudicates appeals against decisions in public law matters, including spatial planning and construction law. The appeal can be filed due to a violation of the law according to Art. 95 and Art. 96 FSCA. The appellant must have participated in the proceedings before the preceding authority or have had no opportunity to do so, be particularly affected by the contested decision or ordinance, and have a legitimate interest in its repeal or modification.
The Federal Court, considering the general obligation to substantiate the appeal, generally only examines the objections raised, unless the legal defects are…