Facts
The appellant, [A.] , is the owner of parcel No. 742 in Silvaplana, which is located above the building parcel No. 1836. The members of the simple partnership "Überbauung Parzelle 1836" applied for a building permit on August 24, 2012, for the demolition of the existing building "Veglia Chesa Comunela" and the construction of three multi-family houses with a two-story underground garage and a central staircase and elevator tower.
[A.] filed an objection against the building application, which was rejected by the municipality of Silvaplana. The Administrative Court of the Canton of Grisons dismissed the appeal filed against this decision. [A.] lodged an appeal with the Federal Court and requested the annulment of the judgment of the Administrative Court and the refusal of the building permit.
Considerations
The Federal Court examined the appeal and came to the conclusion that the lower court had not violated its duty to examine. The appellant had claimed that the lower court had incorrectly assumed that the simple partnership "Überbauung Parzelle 1836" was the owner of the building land, although it belonged to the municipality of Silvaplana. However, the Federal Court found that this error was not decisive for the outcome of the proceedings.
The Federal Court also examined the appellant's complaint that the lower court had violated the right to legal recourse (Art. 29a Cst.) by limiting itself to an arbitrary review. However, the Federal Court found that the lower court had fulfilled its duty to examine under Art.…