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BGE 4 I 370 ΓÇó Late constitutional complaint against road construction order
BGE 4 I 370Amtliche Sammlung des Bundesgerichts (BGE) / Band I09.02.1878Inadmissible
Römer challenged cantonal decisions concerning a 14-foot access road across his land, arguing a violation of the St. Gallen cantonal constitution. After the great council rejected his petition and the decision was served on 1877-12-10, he filed a federal complaint only on 1878-02-09. The Federal Court held that the 60-day period under Art. 59 of the Federal Judiciary Act had already expired on 1878-02-08. It therefore refused to entertain the complaint, without reaching the merits.
Art. 59 Bundesgesetz über die Organisation der Bundesrechtspflege; constitutional complaint against cantonal measures; time limit for filing. A private constitutional complaint is admissible only if directed against a cantonal act and lodged within sixty days from notification. The complaint is timely only when handed to the federal postal service on the last day of the period at the latest. If the deadline has expired, the Federal Court must decline to enter into the matter ex officio, irrespective of whether the underlying grievance could amount to a constitutional violation (consid. 1).