Facts
The complainants, a group of landowners, appealed against the decision of the Administrative Court of the Canton of Solothurn, according to which a water pipeline that supplies their properties with water is a private pipeline. The municipality of Erlinsbach had invoiced the landowners for the repair costs of the pipeline after it had burst in November 2012.
The landowners argued that the pipeline was a public pipeline, as it served the fire water supply and the municipality had always borne the repair costs in the past. They also relied on the principle of good faith, as they had assumed that the municipality considered the pipeline to be its property due to its behavior.
However, the Administrative Court came to the conclusion that the pipeline was a private pipeline, as it had originally been created as a private house connection pipeline and the municipality had not taken it over. The court based its decision on the municipality's water regulations and the fact that the pipeline was registered as a private pipeline in the cadastre plan from the 1930s.
Considerations
The Federal Court examined the jurisdiction and admissibility of the appeal and came to the conclusion that the appeal in public law matters was admissible. The court found that the disputed pipeline had originally been created as a private house connection pipeline and that the municipality had not taken it over.
The court rejected the arguments of the complainants that the pipeline was a public pipeline, as it served the fire water supply and the municipality had always borne the repair costs in the…