Facts
On December 14, 2011, M. submitted an application for the demolition of buildings No. x and y and the construction of multi-family houses A and B in the holiday settlement Solaria, Davos. The municipality of Davos granted the building and demolition permits on April 10/13, 2012 under various conditions and requirements. The objectors appealed these permits to the Administrative Court of the Canton of Graubünden on May 15, 2012, as the proportion of second homes in Davos had already been 38.5% in the year 2000 and the building permits were therefore obviously contrary to the purpose of Art. 75b of the Federal Constitution (BV) adopted on March 11, 2012.
On October 23, 2012, the Administrative Court dismissed the appeal as far as it entered into it. The objectors appealed this decision to the Federal Supreme Court on public law matters on December 5, 2012.
On May 22, 2013, the Federal Supreme Court upheld the appeal, set aside the contested decision and refused the permit for the construction of House A and House B.
Considerations
The Federal Supreme Court decided that Art. 75b para. 1 BV in conjunction with Art. 197 no. 9 para. 2 BV is generally applicable if the building permit was granted at first instance after its entry into force on March 11, 2012, even if the building application had been submitted earlier. The same applies to building permits that have been significantly modified in appeal proceedings after March 11, 2012.
There is no deviating transitional legal regulation in the present case. While the principle of protection of legitimate expectations could suggest basing it on the time of…