Municipal Gravel Extraction Denial Upheld Based on Existing Use Rights
Sintesi Legislator
Generato dall'IAA petitioner challenged a decision by a municipal council concerning a request for the extraction of gravel, which the council had denied due to existing use rights that supposedly prohibited the intended activity, despite the petitioner claiming such rights had expired or were not applicable to the requested scope of work. The court reasoned that the municipality was correct in determining that the existing use rights, which governed the extraction of gravel, were still in force and covered the scope of the petitioner's proposed operations, thus upholding the council's denial as the activity was not permissible under the established legal framework.
Regesto Legislator
Generato dall'IAMunicipal Gravel Extraction Denial Upheld Based on Existing Use Rights: The court reasoned that the municipality was correct in determining that the existing use rights, which governed the extraction of gravel, were still in force and covered the scope of the petitioner's proposed operations, thus upholding the council's denial as the activity was not permissible under the established legal framework.
Parole chiave
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
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\n\n| | | |\n III 2018 154 |\n |\n \n\n
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\n\n| | | |\n |\n Entscheid vom 25. Juli 2019 |\n \n\n
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\n\n| | | |\n Besetzung |\n Dr.iur. Vital Zehnder, Vizepräsident |\n \n|\n |\n Ruth Mikšovic-Waldis, Richterin Monica Huber-Landolt, Richterin |\n \n|\n |\n MLaw Joëlle Sigrist, Gerichtsschreiberin |\n \n\n
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\n\n| | | |\n Parteien |\n A.________, \n Beschwerdeführer, \n vertreten durch Rechtsanwalt lic.iur. B.________, |\n \n|\n |\n gegen |\n
\n|\n |\n Gemeinderat Wollerau, Hauptstrasse 15, Postfach 335, 8832 Wollerau, \n Vorinstanz, \n vertreten durch Rechtsanwalt lic.iur. C.________, |\n
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