Facts
X AG acquired around thirty properties in the municipality of G. between 2003 and 2006, which are located in the agricultural zone and partly within the designated landing site area and partly within the obstacle-free areas. X AG filed a lawsuit for trespass to prohibit landing and overflying with hang gliders at a height of less than 50 m on its properties.
The Cantonal Court of Valais dismissed the lawsuit. The Federal Supreme Court upheld the decision of the Cantonal Court.
Considerations
The Federal Supreme Court saw Article 77 of the municipal Building and Zoning Regulations (BZR) as a permissible public law property restriction. This provision ensures obstacle-free and safe overflying and landing with hang gliders on the designated properties. This imposes a duty of tolerance on the property owners and deprives them of their right to refuse access to their properties for the purpose of launching and landing hang gliders.
The Federal Supreme Court considered this property restriction to be objectively justifiable and in the public interest, as the landing of hang gliders must be regulated for safety reasons. The restriction was also considered proportionate.
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