Facts
In 1994, the municipality of Freienbach had partially rezoned the Steinfabrik site, designating part of it as a harbor zone and part as a zone for public buildings and facilities. In 2005, Irene Herzog-Feusi submitted an individual initiative to rezone the entire Steinfabrik site as a new zone for public parks. The eligible voters approved this initiative in 2006.
Subsequently, the Freienbach Municipal Council presented a partial zoning plan that would only rezone around 18,758 m2 of the Steinfabrik site to the new zone for public parks. The remaining approximately 40,383 m2 would remain in the harbor zone. The property owner Korporation Pfäffikon and the building rights holder Ulrich Feusi-Thür filed objections to this partial rezoning.
Considerations
The Federal Supreme Court held that when implementing an approved planning initiative, a proposal must be developed that corresponds to the planning outcome sought by the initiative and appears to be generally compatible with the higher-ranking law. The municipal authorities have a certain scope of discretion in this regard.
In the present case, a limitation of the area to be rezoned to approximately one-third of the Steinfabrik site was justified. This was proportionate in view of the guarantee of property rights and the potential cost consequences for the municipality. The…