Facts
The municipal community of Engelberg filed an administrative court appeal against a decision of the Administrative Court President of the Canton of Obwalden. The latter had refused to set a deadline for the plaintiffs (the daughters of the landowner Marie Barmettler) to file the lawsuit with consequences of forfeiture.
The dispute concerned the issue of compensation for material expropriation as well as for the loss of home following a change in the zoning plan, by which the landowner's property was assigned to the zone for public buildings and facilities.
Considerations
The Federal Supreme Court upholds the administrative court appeal. It finds that the cantonal procedure does not meet the requirements of Art. 33 para. 2 of the Spatial Planning Act (RPG).
According to the cantonal legal situation, the landowners have only the option of filing a lawsuit with the Administrative Court if they do not accept the decision of the Valuation Commission. However, this is not sufficient, as Art. 33 para. 2 RPG…