Facts
Company X. SA acquired two plots of land in Rolle in 1985 and 2002. The municipality of Rolle developed several zoning plan projects for its territory, but did not approve the zoning of plot No. ***1 as a building zone. The company formally requested the municipality to develop a limited zoning plan for the two plots of the Bellerive estate in 2002. The municipality did not respond to this request and took an inadmissible delay in adopting a zoning plan. The company filed a complaint for denial of justice, which was admitted by the Department of Infrastructure of the canton of Vaud in 2004. The municipality finally adopted a partial zoning plan in 2008, which was approved by the competent Department.
The company brought a liability action against the municipality before the Civil Court of the Cantonal Court of the canton of Vaud, seeking compensation for the damage suffered due to the municipality's delay in adopting a zoning plan. The Civil Court dismissed the action, considering that the municipality had not committed an unlawful act. The company appealed against this judgment, but the Civil Appeal Court of the Cantonal Court of the canton of Vaud dismissed the appeal.
The company then filed a public law appeal with the Federal Court, requesting the annulment of the Appeal Court's judgment and the condemnation of the municipality to pay compensation for the damage suffered.
Considerations
The Federal Court examined the question of the unlawfulness of the municipality's act, referring to the case law and doctrine related to state liability. It considered that unlawfulness supposes the existence of an unlawful act, which can be an action or an omission, and that the municipality had taken an inadmissible delay in adopting a zoning plan.
The Federal Court also examined the question of whether the municipality had violated Article 29, paragraph 1 of the Federal…