Facts
X. is the owner of plot no. 807 in the land register of Weinfelden, located on Kappelerweg. In 1992, he acquired the directly adjacent property no. 873 in the land register, measuring 2,659 m2, which is built with a chalet from 1946 and a small shed. In the zoning plan of 1984, the entire property was allocated to the residential zone for single-family houses on a slope, W2EH.
In 1996, the Weinfelden Municipal Council decided on a partial revision of the zoning plan. The revised plan provided for the northeastern part of plot no. 873 to be assigned to the open space zone and the remaining part of 875 m2 to be left in the W2EH zone. X. unsuccessfully filed an objection against this.
X. filed a claim with the Expropriation Commission for material expropriation and demanded compensation from the Municipality of Weinfelden. The Expropriation Commission dismissed the claim. X. appealed this decision to the Administrative Court, which also dismissed the appeal.
With an administrative court appeal to the Federal Supreme Court, X. requests the confirmation of the existence of a material expropriation and the remand of the case for the determination of the compensation.
Considerations
The Federal Supreme Court considers the rezoning to be undisputed. It finds that the municipality has failed to fulfill its development obligation, although it had allocated the property to a zone in accordance with federal law in 1984. This behavior violates the principle of good faith.
Since the municipality has…