Question juridique clé
Whether the 288 m2 land cession could still be counted toward the buildable area under the 1990 cession agreement
Solution extraite
Yes. The contractual promise was protected by trust, so the 288 m2 could still be included in the anrechenbare Grundstücksfläche despite its public-law unlawfulness.
Motifs extraits
The agreement was a public-law contract. Although its content conflicted with mandatory building rules, the original owners were found to have acted in good faith and had made irreversible disposition based on the municipal promise. Balancing legality against trust protection, the court upheld reliance interests.