Parking lot dispute in Dietgen BL Dispute escalates - municipality takes landlord of country inn to court

Gasthof Hirschen in Diegten BL has been using parking spaces on municipal land for decades. Now the municipality has withdrawn the right of use - despite a reprimand from the cantonal government. The case ends up in court.

In the Basel municipality of Diegten, a long-standing dispute over parking spaces between the municipality and the traditional Gasthof Hirschen is escalating. It was triggered by the municipality's decision to withdraw the use of twelve to fifteen parking spaces on the neighboring school grounds from the Hirschen innkeeper Dino Mengisen. These spaces had been used by him and his predecessors for decades, as the "BZ Basel" writes.

The government council of the canton of Basel-Landschaft ruled in favor of the landlord at the end of June 2025 and revoked the municipality's order. In its decision, it spoke of a disloyal and disproportionate approach. Instead of accepting this decision, the municipality of Diegten is now taking the case to the cantonal court.

For Dino Mengisen, this step is an affront. He accuses the municipality of using taxpayers' money to litigate against a local company that secures jobs and pays taxes. Without the existing parking spaces, his business would hardly be economically viable.

A 2 million parking garage - and hardly any cars

The dispute is closely linked to the construction of a new outdoor sports facility on the school grounds. The municipality built a parking garage with around fifty parking spaces under the sports field for around two million francs. Since its opening, the hall has often been largely empty, according to records.

"Hardly in demand anymore"Zurich rural community loses both village inns at once

With the construction, the "Hirschen" lost the outdoor parking spaces that the restaurant, events and bed & breakfast depended on. The municipality offered the landlord to rent parking spaces in the new parking garage. Mengisen rejected this and called it an unreasonable solution.

The municipality argued that there had never been an easement entered in the land register. The right of use had only ever been granted on a watching brief. The cantonal government clearly contradicted this view. Over decades, the municipality had confirmed the use several times in writing, most recently in 2011 and 2013. This had created a public-law assurance on which the landlord could rely. A sudden withdrawal would violate the principle of good faith.

Bankruptcy or lease discussion?Lucerne country inn closes suddenly - but question marks remain

Accordingly, the local authority cites a public interest in uniform parking space management to the "BZ Basel" and refers to bottlenecks during events. However, the government council stated that there was insufficient evidence of increased demand and that temporary peaks did not justify the permanent withdrawal of a right of use that had been granted for decades.

According to Dino Mengisen, his economic existence is at stake. He earns a substantial part of his income from his restaurant, event business and bed & breakfast. The legal uncertainty is deterring guests, and the costs of the proceedings are also a considerable burden on the business. The studios of the business are encumbered by a mortgage. According to the landlord, there are hardly any alternative sources of income.