Facts
The appellant [A.] operates the agricultural business "Rütihof" in the municipality of Ballwil. As early as 1980, a dwelling was built in the former calf barn, followed later by two more dwellings and an ancillary room. In 2010, [A.] submitted an application for retrospective approval of these structural changes, which the Ballwil Municipal Council rejected and ordered to be dismantled. The Lucerne Cantonal Court dismissed an appeal against this order. [A.] then filed an appeal with the DFC. He requested that the decision of the Cantonal Court be set aside and the matter be remanded for a new assessment. Alternatively, he claimed that the right to restore the lawful condition for dwelling A, which was built in 1980, had lapsed.Considerations
The DFC partially upheld the appeal. It stated that the right to restore the lawful condition for dwelling A, which was built in 1980, had lapsed. The thirty-year period of limitation had expired, as the authorities had tolerated the illegal installation of the dwelling for decades…