Dismissal of the appeal against the sewer connection fee

Facts

On July 25, 2000, the Municipal Council of the Municipality of Suhr granted the building permit for the conversion/change of use/expansion of the X. AG's operations center into a distribution center. In doing so, sewer connection fees of CHF 2,417,285.-- (plus VAT) were imposed on the applicant, based on an additional building volume of 743,780 m3 and a fee rate of CHF 3.25 per m3. The appellant X. AG filed a complaint against this fee assessment.

The Valuation Commission under the Building Act of the Canton of Aargau reduced the sewer connection fee to CHF 1,310,335.-- (based on an additional building volume of 403,180 m3). The Administrative Court of the Canton of Aargau dismissed a further appeal by X. AG.

X. AG appealed against this judgment of the Administrative Court to the Federal Supreme Court in public law matters.

Considerations

The Federal Supreme Court dismissed the appeal. It stated that the polluter-pays principle according to Art. 60a EPA does apply to one-time connection fees, but other principles of causal levy law, such as the equivalence principle, may also be taken into account.

The assessment criterion of building volume provided for in the applicable wastewater regulations of the Municipality of Suhr is generally permissible. The special…