Facts
[A. AG] , the [B.] estate, and [D.B.] , [E.B.] , and [C.B.] filed an appeal against the decision of the High Court of the Canton of Appenzell Ausserrhoden, which had declared the establishment of a planning zone by the municipality of Wolfhalden to be lawful. The appellants are the holder of a right of purchase or the owners of a property that is partially affected by the planning zone. They argued that the planning zone had been issued in breach of good faith and in violation of the principle of equality, and that it infringed the principle of plan stability and the guarantee of property rights. The Federal Court dismissed the appeal. It concluded that the establishment of the planning zone was based on a sufficient legal basis, served a public interest, and was proportionate. There were also no violations of the principle of protection of legitimate expectations or the principle of equality before the law.Considerations
The Federal Court stated that the legal obligation to redimension oversized building zones under Art. 15 para. 2 of the Spatial Planning Act constitutes a significant public interest that is generally capable of overcoming the principle of plan stability. However, this alone does not result in a significant change in circumstances that would justify an early review of the neighbourhood plan. Given the location and previous use of the…