Dismissal of the appeal against the removal of the appeal proceedings due to late payment of the advance on costs

Facts

[A.] and [D.B.] and [C.B.] jointly filed an appeal on 19 July 2013 against a building permit issued by the Political Municipality of Mörschwil. The Building Department of the Canton of St. Gallen requested the appellants to pay an advance on costs of CHF 1,000 by 30 August 2013. As the advance was paid late on 4 September 2013, the Building Department removed the appeal on 3 October 2013. The Administrative Court of the Canton of St. Gallen dismissed a complaint against this decision. The appellants filed a public law appeal against this with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal. It considered the interpretation and application of Art. 96 para. 2 of the cantonal Law on Administrative Procedure by the lower instance not to be arbitrary. The lower instance had rightly decided that the consequence of removal of the proceedings occurs…