Art. 23 Legge sui comuni del Cantone dei Grigioni (LCom) - Parlamento comunale 1. Composizione, poteri

PVG 2017 31 · gr (Art. 23 GG)

Municipal Consultant Bias in Permit Review

Although discussed, this article concerning conflict of interest for municipal authority members was cited in the reasoning when discussing the scope of review, but not explicitly in the operative part as the main ground for the verdict.

PVG 2015 1 · gr (Art. 23 GG)

Annulment of Municipal Vote Due to Stricter Recusal Rules Superseding Cantonal Law

The court decision implies the scope and relation of this article to the municipal rules, as the appeal centered on its interpretation regarding quorum/abstention rules.

V 2014 2 · gr (Art. 23 GG)

Communal Assembly Decisions on Hunting Lodge Rights and Land Exchange Annulled Due to Procedural Violations and Impermissible Asset Alienation

This provision was discussed extensively as the cantonal standard for recusal, which the court determined to be superseded by the specific cantonal statutes in this case, leading to the decision on the statutes.

PVG 2013 5 · gr (Art. 23 Abs. 1 GG)

Recusal of Officials Based on Shareholdings and Board Membership in Related Companies

Used as the general standard for abstention grounds in municipal authority proceedings concerning non-judicial matters.

PVG 2013 5 · gr (Art. 23 Abs. 3 GG)

Recusal of Officials Based on Shareholdings and Board Membership in Related Companies

Cited to establish that the handling of building objections falls under the sphere of judicial administration (Rechtspflege), thus making VRG provisions applicable for abstention.

R 2013 133 · gr (Art. 23 Abs. 1 GG)

Inn Renovation Permit Appeal Regarding Setback Violations

Cited in the reasoning to establish the standard for bias in municipal authorities, confirming the need for a direct personal interest.

R 2011 68 · gr (Art. 23 Abs. 1 GG)

Retirement Center Expansion Permit Upheld Against Building Code Objections

Cited in reasoning regarding the substantive conditions for a member of a municipal authority to recuse themselves.

R 2011 68 · gr (Art. 23 GG)

Retirement Center Expansion Permit Upheld Against Building Code Objections

Cited in reasoning to discuss the requirement for direct personal interest in recusals for administrative bodies.

R 2011 41 · gr (Art. 23 Abs. 1 GG)

Improper Participation in Recusal and Permit Decisions

Although the court ultimately applied VRG provisions for the recusal issue because it concerned administrative legal remedy (Rechtspflege), Art. 23 Abs. 1 GG was cited as the initial local rule for recusal duties for municipal authorities.

A 2007 37 · gr (Art. 23 des kantonalen Gemeindegesetzes (GG))

Property Owners Challenge Road Renovation Contribution Procedure and Cost Allocation

Although the court dismissed the claim, this cantonal law provision was cited in the reasoning related to the rejected allegation concerning the bias/recusal of board members.

R 2006 76 · gr (Art. 23 des kantonalen Gemeindegesetzes (GG))

Appeal Against Refuse Collection Permit Due to Traffic Safety Risks

Cited in the reasoning regarding the requirement for authority members to recuse themselves, although the finding in the dispositive relies on the lack of evidence rather than a direct application of this article to overturn the decision.

R 2004 98 · gr (Art. 23 des kantonalen Gemeindegesetzes (GG))

Municipality's Discretion in Applying Aesthetic Building Standards Upheld in Villa Denial

Cited in the context of reviewing the appellant's subsidiary claim regarding potential conflicts of interest (abstention rules) among board members.