Facts
B. and the heirs of H. own three plots of land that form a contiguous whole. The parcels are located in the municipality of Wangen-Brüttisellen in the "Förliwiesen" area along the Halden-Strasse, which connects the village parts of Wangen and Brüttisellen.
The municipal council of Wangen had granted B. permission in 1956 to carry out fillings for the construction of a storage yard. In 1969, it granted the heirs of H. permission to use their parcel as a storage yard for machinery. In 1986, the continued use of the existing, temporarily approved buildings and facilities until the end of 1993 was permitted, and the connection of the properties to the water and sewage network was approved.
The area was allocated to the development zone in the cantonal master plan of 1978 and assigned to the reserve zone in the zoning plan of the municipality of 1984. In 1993, the municipality amended the zoning plan and assigned the "Förliwiesen" area, including the three parcels, to the commercial zone G4. The Cantonal Government of Zurich refused to approve this rezoning on July 6, 1994. An appeal to the Cantonal Administrative Court was unsuccessful.
B. and the heirs of H. then filed a constitutional appeal to the Federal Supreme Court, requesting the annulment of the Administrative Court's decision.
Considerations
The Federal Supreme Court dismissed the constitutional appeal. It stated that the non-approval of the rezoning did not constitute a planning error. While it is generally possible to bring planning and reality into line, a rezoning can only be considered in accordance with the planning objectives and principles.
The Federal Supreme Court saw the properties of the appellants in a delicate planning situation. They were located approximately in the middle of the still largely undeveloped area between the two village parts of Wangen and Brüttisellen. A rezoning would have a not to be…