Facts
The municipality of Sils i.E./Segl levied usage fees for water, sewage, and refuse for the year 2003 against [X.] , the owner of two properties in the municipality. [X.] lodged an objection, which was rejected by the municipal council. The Administrative Court of the Canton of Grisons repealed the fee rulings and referred the matter back to the municipality. The municipality of Sils i.E./Segl lodged a constitutional complaint due to a violation of its autonomy.
The municipality of Sils i.E./Segl has a waste regulation that provides for a quantity-dependent container fee, an annual recurring building fee, a dwelling fee, and a consumption fee. The fee rates are set annually by the municipal assembly.
The Administrative Court considered the collection of a periodic basic fee to be permissible, but the amount of the basic fee for refuse disposal to be excessively high and not compatible with the polluter pays principle.
Considerations
The Federal Court examined whether the municipality of Sils i.E./Segl was violated in its autonomy by the repeal of the refuse fees. It found that the municipality is autonomous in a subject area if the cantonal law does not regulate it conclusively, but leaves it entirely or partially to the municipality to regulate.
The Federal Court reviewed the application of cantonal statutory law and the establishment of the facts from the perspective of arbitrariness. It found that the municipality of Sils i.E./Segl has autonomy in shaping its ordinances…