Question juridique clé
Whether the municipal refusal of preliminary approval was arbitrary within the meaning of Art. 5 para. 3 LResp and could trigger state liability.
Solution extraite
The refusal was not shown to be arbitrary in the qualified sense required for liability; the state-liability claim therefore fails.
Motifs extraits
Under Neuchâtel law, only qualified arbitrariness suffices. The aesthetic objections and the requirement of a quartier plan were both based on debatable interpretations of the planning rules and were not manifestly unsustainable in result.