Facts
The appellant, Ms. Marie Schweizer, is the owner of a plot of land in Arisdorf. On December 12, 1961, she applied to the cantonal Building Directorate for a building permit for the renovation of her residential building. After various changes to the plans and negotiations with the Heritage Protection Commission, she received the permit for the "residential building renovation" on July 19, 1962. However, on July 30, 1962, the Building Directorate withdrew this building permit, as an on-site inspection had revealed that the plot and the building were affected by a planned relocation of the cantonal road.
Ms. Schweizer filed an appeal against the withdrawal of the building permit. During the appeal proceedings, the Cantonal Government approved a project on January 15, 1963, for the connection of the Olsbergerstrasse to the bypass road in Arisdorf. Consequently, the Building Directorate imposed a building freeze on the affected area on January 31, 1963. The Cantonal Government dismissed Ms. Schweizer's appeal against the building permit.
Ms. Schweizer filed a complaint with the cantonal Administrative Court against the decision of the Cantonal Government, which was dismissed. She then filed a constitutional appeal with the Federal Supreme Court, requesting the annulment of the Administrative Court's decision.
Considerations
The Federal Supreme Court ruled that it was not arbitrary to assess the conditions for the revocation of a building permit based on the legal situation in force at the time of the last cantonal decision. The building freeze, cited as the reason for the revocation, constituted a valid public interest reason within the meaning of the law, as it served to keep the land required for the planned road free.
However, the Administrative Court did not examine whether the appellant had…