Facts
Parties: A. and the heirs of B. (appellants) against Mayor Noldi Küttel and Municipal Councilor Alex Waldis (respondents).
Facts: H. AG and G. AG are planning the construction of a campus hotel and several villas on their properties in Vitznau. G. AG invited eight architectural firms to develop a volume study, with a jury, including Municipal Council members Küttel and Waldis, selecting the winning project. The resulting design plan "Panorama Residenz Vitznau" was publicly displayed, and A. and the heirs of B. filed an objection. They requested that Küttel and Waldis recuse themselves due to their prior involvement in the jury. The Municipal Council and the Canton of Lucerne District Court rejected this request.
Main Question: Are Municipal Council members Küttel and Waldis biased due to their participation in the jury and must they recuse themselves in the objection proceedings against the design plan?
Considerations
The Federal Supreme Court first examines the principles of impartiality in judicial and non-judicial authorities. According to Art. 29 para. 1 Cst., everyone has the right to equal and fair treatment. For administrative authorities, such as the Municipal Council, similar criteria apply as for courts, but with consideration of system-specific differences. Prior involvement is not per se inadmissible but depends on the specific circumstances.
The court notes that the Municipal Council members, as jury members, participated in the selection of the project that later became the basis for the design plan. The aspects considered in evaluating the volume study largely correspond to those questions to be examined in the objection proceedings. The members actively participated in the selection process and made specific suggestions for changes that were incorporated into the design plan. This raises…