175.050
GGLCOM
CH-GR
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Art. 79 Municipalities Act of the Canton of Graubünden (GG) - Supervisory Measures
4. Supervision
Art. 79 GG - Supervisory Measures · Supervisory Measures
1. In addition to the measures provided for in the cantonal special legislation, the competent cantonal supervisory authority may, in particular
a) issue directives;
b) annul unlawful resolutions of municipal bodies, if this is essential;
c) undertake substitute performance.
2. In cases of serious breaches of official duty or repeated refusal to comply with orders from the cantonal supervisory authorities, the government may remove members of municipal authorities from office.
3. The government may issue its orders to municipal authorities with reference to the penalty threat of Article 292 of the Swiss Criminal Code.
Court Decisions Applying This Provision (5)
U 2011 50 · gr (Art. 79 GG)
Communal Association v. Political Municipality: Land Parcel Ownership Dispute and Settlement Approval
The court approved the division of parcels based on the requirements of this article, which defines the property rights of the Bürgergemeinde.
U 2011 50 · gr (Art. 79 GG)
Communal Land Division Agreement Approved After Supreme Court Remand
The court approved the property division (Zuteilung) based on the agreement between the parties, ensuring compliance with the requirements of this article.
V 2014 2 · gr (Art. 79 GG)
Communal Assembly Decisions on Hunting Lodge Rights and Land Exchange Annulled Due to Procedural Violations and Impermissible Asset Alienation
This provision concerning the prohibition on distributing assets was invoked by the appellant and discussed as a potential ground for material rejection of the initiative, although the procedural ruling was sufficient.
V 2014 2 · gr (Art. 34 und 79 GG)
Challenger v. Communal Assembly (Land Exchange Resolution Validity)
Although the court found a violation of the underlying principle of these articles (prohibition of alienation of communal assets), the final order did not explicitly annul the decision based on this material ground alone; the decision was annulled based on procedural grounds (Art. 11 Statuten).
V 2014 7 · gr (Art. 79 Abs. 2 GG)
Communal Property Statute Revision Challenge Dismissed for Improper Form of Action
This provision establishes the legal context (prohibition of distributing revenues or assets to members) which was the core of the dispute, although the appeal was ultimately dismissed on procedural grounds.