Partial Upholding of the Appeal against Judgment for Damages in Favor of a Building Owner

Facts

The Canton of Solothurn and the Municipality of W. filed an appeal against a judgment of the Administrative Court of the Canton of Solothurn, which had awarded the building owner A. damages for the revocation of an unlawful building permit. A. had also filed an appeal against the judgment.

In 2000, the building owner A. had obtained a building permit for a pig barn, which later proved to be unlawful, as the legal minimum distances to the neighbors were not observed. After the revocation of the building permit, A. claimed damages.

Considerations

The Federal Supreme Court states that the case is to be attributed to the liability for reliance and not to state liability. According to the cantonal law in the Canton of Solothurn, the building owner is entitled to compensation for the reliance damage, provided that he acted in good faith, incurred expenses, and did not cause the revocation.

The Federal Supreme Court considers the assessment of the lower instance to be in accordance with the Constitution. In particular, it sees no reason to question the reduction of the damages due to the building owner's contributory…