Facts
The owner [A.] and the applicant [B.] applied to the Building Commission of Wil for a permit to renovate a condominium unit for residential purposes. The condominium owners [C.] , [D.] , [E.] , [F.] , [G.] and [H.] filed an objection to the building permit application. The Building Commission did not enter into the building permit application, as the civil law building authorization of the applicants was obviously lacking. The Administrative Court of the Canton of St. Gallen confirmed this decision. The owner and the applicant appeal against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court examines whether the lower instance was right not to enter into the building permit application. According to case law, building authorities may only refrain from materially assessing a building permit application if the civil law building authorization of the applicants is obviously lacking or the construction project manifestly violates the property rights of third parties. In the present case, the planned renovation…