Facts
The appellant [X.] applied to the Water Construction Office of the Canton of Schwyz on 22 May 2009 for permission to use water from the Brünnenbach for the operation of a heat pump system. The Government Council of the Canton of Schwyz granted the concession for 20 years and levied a one-time fee of CHF 871.-- as well as an annual water tax. The appellant requested the Government Council to correct the decision and waive the fees and water tax, as he had the right to use the water of the Brünnenbach free of charge according to the land register extract.
The Administrative Court of the Canton of Schwyz dismissed the appeal of 17 December 2009 due to late filing. The appellant challenged this decision before the Federal Court and requested the annulment of the decision and a new assessment of the matter.
Considerations
The Federal Court examined whether the lower court rightly did not consider the appeal of 17 December 2009. The Government Council's decision of 15 September 2009 was served on the appellant on 26 November 2009, after the first attempt at service had failed. The time limit for appeal was 20 days and began on 27 November 2009. The appeal filed on 17 December 2009 was thus submitted one day after the expiry of the time limit for appeal.
The appellant complained of a violation of the right to a fair trial and argued that the Government Council was not competent to deal with the request for reconsideration. However, the Federal Court found that the Government Council was entitled to consider the application of 20 July 2009 at the appellant's request and that the lower court should not have…