Dismissal of the Appeal against the Building Objection

Facts

The late [Z.] was the owner of an old-law building right. On 10 February 2009, he concluded a building lease contract with the [Y.] Corporation, in which the old-law building right was deleted and a new, non-independent building right was established. This building right was transferred free of charge by [Z.] to his son [X.] (the appellant). On 18 March 2011, the [Y.] Corporation (the respondent) filed a private-law building objection with the District Court of Schwyz against the construction project "Conversion of Alpine Barn Part to Experiential Gastronomy" planned by [X.] . The District Court upheld the objection and prohibited the execution of the construction project. [X.] appealed against this decision, which the Cantonal Court of Schwyz dismissed with a ruling dated 8 January 2013. [X.] then filed a civil law appeal with the Federal Supreme Court. He requested that the ruling of the Cantonal Court of Schwyz and the decision of the District Court of Schwyz be set aside and the [Y.] Corporation's claim be dismissed.

Considerations

The Federal Supreme Court dismissed the appeal. It concluded that the private-law…