Arrêt de Ire Cour de Droit Public, 27 mai 1981
Conférencier | Publié |
Date de Résolution | 27 mai 1981 |
Source | Ire Cour de Droit Public |
Chapeau
107 Ia 96
17. Auszug aus dem Urteil der I. öffentlichrechtlichen Abteilung vom 27. Mai 1981 i.S. Scherrer und Mitbeteiligte gegen Steiner, Gemeinde Laax und Verwaltungsgericht des Kantons Graubünden (staatsrechtliche Beschwerde)
Regeste
Recours d'un particulier pour violation de l'autonomie communale. Qualité du particulier pour invoquer l'autonomie communale; exception.
Extrait des considérants: à partir de page 95
BGE 107 Ia 96 S. 95
Aus den Erwägungen:
1. c) Soweit die Beschwerdeführer eine Verletzung der Gemeindeautonomie rügen, fehlt ihnen die Legitimation; auf die Beschwerde kann in diesem Punkt nicht eingetreten werden. Nach der Rechtsprechung des Bundesgerichts kann zwar der Private diese Rüge vorfrage- oder hilfsweise zur Unterstützung einer anderweitigen Verfassungsrüge geltend machen (BGE 105 Ia 48 E. 2,BGE 102 Ia 436 E. 8 mit Hinweis). Von diesem Grundsatz muss aber dann eine Ausnahme gemacht werden, wenn dasjenige...
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