Facts

Parties:

  • Appellant: [A.] , owner of parcel no. 22 in Abtwil, municipality of Gaiserwald.
  • Respondents: Department of Construction of the Canton of St. Gallen and the Political Municipality of Gaiserwald.

Facts:

  • A depression in the terrain known as the Dietenackerbächlein is located on the border between parcels no. 21 and 22.
  • In 2006, the Department of Construction approved the expansion project "Sanierung Wiesenbachzuflüsse", which provided for the relocation and partial exposure of the Dietenackerbächlein.
  • [A.] filed an objection and an appeal against the project, as the Dietenackerbächlein was classified as a public water body above Gründenstrasse without a water determination procedure having been conducted.
  • The Administrative Court conducted an inspection and dismissed the appeal for other reasons, with the case being remanded to the Department of Construction for the supplementation of the facts and a new decision.
  • Without informing [A.] , the Department of Construction issued an order on May 8, 2020, stating that the Dietenackerbächlein is a public water body within the meaning of Art. 2 para. 1 no. 1 GNG/SG and a surface water body within the meaning of Art. 4 lit. a WPA.
  • [A.] filed an appeal against this order, which was dismissed by the Administrative Court.
  • [A.] then filed an appeal in public law matters to the Federal Supreme Court.

Considerations

The Federal Supreme Court first examined whether it was a final decision or an interlocutory or interim decision in the pending water construction proceedings. It concluded that it was a final decision, as the water law qualification of the Dietenackerbächlein was to be definitively established for future proceedings as well.

The appellant complained of a violation of the right to be heard, as her application for an inspection was not granted. The Federal Supreme Court noted that the previous inspection had already provided relevant findings and that no further inspection was necessary.

Furthermore, the appellant complained of a violation of the right to an oral…