Court decision Canton of Thurgau wins in court against Schönholzerswilen
The Thurgau Administrative Court has ruled on a dispute over expenses following a landslide in a judgment that is already legally binding. According to the ruling, the municipality of Schönholzerswilen must pay the canton around 250,000 francs. This was the amount of the municipality's disputed share of a dam renovation.
13.08.2024, 09:37
13.08.2024, 10:26
SDA
In the summer of 2021, the canton of Thurgau was forced to take legal action against Schönholzerswilen, according to a press release issued by the State Chancellery on Tuesday. Although there had been an agreement, "the municipality did not want to pay its share of 50 percent for the dam restoration after the landslide over the Itobel".
The commune's insurance company took the view that the canton's claims were time-barred. In a first interim decision, however, the Administrative Court then ruled in summer 2022 that this was not the case.
In a further decision in June 2024, the court finally ruled that the municipality must make the required payment to the canton in principle. The ruling has since become legally binding.
The canton was awarded around 86% of the amount demanded. This corresponds to CHF 251,882 instead of the requested CHF 294,429. The Administrative Court justified the reduction by stating that there was only a clear agreement for the municipality to share 45% of the costs.
Insurance has already paid
However, the municipality does not have to pay the outstanding invoice directly. The liability insurance company has already paid the amount, explained municipal president Ernst Schärrer at the request of the Keystone-SDA news agency.
It was a dispute between the insurance company and the canton, which went through the municipality. The municipality did not want to pay the amount itself, but the liability insurance company took the view that the claim was time-barred. This required clarification in court.
