Facts
The company St. Gallisch-Appenzellische Kraftwerke AG (SAK) brought an action against the municipality of Linthal to have the Muttensee recognized as part of its Limmernalp property. The cantonal courts dismissed this claim, considering that the Muttensee is located on uncultivated land belonging to the municipality under cantonal law. SAK appealed to the FC.Considerations
The FC dismisses the appeal. It considers that the decision of the cantonal instances on the legal qualification of the land around the Muttensee, prior to the entry into force of the CC, is a matter of cantonal law and cannot therefore be challenged. SAK also cannot rely on a tacit recognition of the boundaries of the Limmernalp by the municipalities, particularly through the contracts concluded in 1921 and…