Facts
The appellant [A.] is a condominium owner of a property in the immediate vicinity and line of sight of the planned location of a mobile phone antenna of the respondent [B. AG] . He filed a public law and private law objection to the building permit application. The municipality granted the building permit with conditions. [A.] then filed an appeal, which was partially dismissed by the Building Department of the Canton of St. Gallen. Against the appeal decision, [A.] filed a complaint with the Administrative Court of the Canton of St. Gallen, which was partially upheld. Thereupon, [A.] appealed to the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It stated that the planned mobile phone antenna meets all environmental requirements and complies with the statutory radiation limits. Therefore, the installation cannot pose a proven health risk, so that the appellant's fears of health damage do not constitute excessive immissions…