Facts
The municipality of Verrières made the municipal pastures available to the farmers residing in the municipality for grazing, in exchange for the payment of a fee. This practice was regulated in several successive municipal regulations, the last of which was issued by the municipal council on December 9, 1983.
On September 28, 1984, the municipal council and the agricultural commission informed the interested farmers that they would no longer be able to use the municipal pastures as before, but only in accordance with the new regulation, starting from November 1, 1984.
Farmer Fritz Zurbuchen then filed a claim with the District Court of Val-de-Travers on November 6, 1984, primarily requesting a declaration of the absolute nullity of the termination and, subsidiarily, an extension of the lease by three years.
The municipality of Verrières disputed the existence of a lease agreement between the parties and requested the dismissal of the claim.
The District Court declared the claim inadmissible, as it was of the opinion that the parties were only connected by public law relationships.
Zurbuchen appealed against this judgment to the Federal Supreme Court.
Considerations
The Federal Supreme Court granted the appeal and set aside the contested decision. It referred the matter back to the Cantonal Court for a new assessment.
The Federal Supreme Court stated that the municipal pastures were to be attributed to the financial assets of the municipality, and not to the public domain. Therefore, the legal transactions by which the municipality disposes of the ownership, use or enjoyment of these assets are…