Facts

The construction company [I.] consisting of [J. GmbH] and [K. AG] applied to the municipality of Klosters-Serneus for the construction of three duplex houses on plot no. 1983. Several residents filed objections against this construction project. The municipality rejected the objections and granted the building permit. The objectors then appealed to the Administrative Court of the Canton of Graubünden, which partially upheld the appeal and supplemented the building permit. The objectors then filed an appeal in public law matters against the administrative court's decision with the Federal Supreme Court.

Considerations

The Federal Supreme Court upheld the appeal and annulled the judgment of the Administrative Court as well as the building permit granted by the municipality. It concluded that the municipality should have examined whether the allocation of the building plot to the building zone was still justified before issuing the building permit, as the building zones of the municipality of Klosters-Serneus are…