Facts
The appellants [A.] and [B.] are co-owners of plots 2462 and 779 in the municipality of St. Moritz. Plot 1868, which is owned by the respondent [C.] , borders these plots. The respondent applied for a building permit for the demolition and reconstruction of the single-family home on plot 1868, as well as various project changes. The appellants filed an objection to the building application, which was rejected by the municipal council. The Administrative Court of the Canton of Grisons denied the appellants the right of appeal and did not consider the appeal.
The appellants requested the Federal Court to overturn the judgment of the Administrative Court and refer the matter back to it for substantive review. They argued that they were entitled to object and appeal under federal law.
Considerations
The Federal Court examined the appellants' right of appeal under Art. 89 para. 1 FSCA. It found that the spatial distance between plot 779 and the building plot 1868 is less than 50 m and that plot 2462 even borders the building plot directly in the southern area. The Federal Court found that the appellants, due to their spatial proximity to the construction project, have a special concern and a legitimate interest in the annulment or modification of the contested decision.
The Federal Court pointed out that the appellants can not only complain about the violation of procedural rights but also about the violation of federal law. It found that the appellants have a practical interest in the annulment or modification of the contested decision due to the planned access to the building plot via their property.
The Federal…