Facts
The municipality of Meilen filed a complaint against a judgment of the Administrative Court of the Canton of Zurich, which had overturned the municipality's building rejection for a construction project of A. AG. The Federal Supreme Court had to decide whether the municipality had exceeded its discretionary power in applying the aesthetic regulations and whether the court fee of 13,000 Swiss francs set by the Administrative Court violated the principle of equivalence.Considerations
The Federal Supreme Court held that municipalities have a margin of assessment and discretion in the application of indeterminate legal concepts such as "satisfactory overall effect" pursuant to § 238 of the Cantonal Zurich Planning and Building Act. The building appeal court may only overturn the municipal classification decision if the municipality has exceeded its discretionary power, for example, because it was guided by irrelevant considerations or violated the principles of equal treatment and proportionality.
In the present case, the Administrative Court was entitled to overturn the municipality's building rejection, as the planned development, despite the exhaustion of the permissible building volume, did not have an unsatisfactory overall effect, and the municipality did not demonstrate overriding public interests that would have justified a reduction of the building…