Questione giuridica chiave
Whether the canton is liable in damages for the tax authority's premature waiver of part of the property-gains-tax security.
Decisione estratta
Yes. Releasing the lien security before final resolution of the assessment proceedings, without compelling reason, was unlawful and caused compensable loss to the municipality.
Motivazione estratta
The authority acted in a field where tax collection and lien security are part of the protective scheme for the municipality. Because the assessment was still pending before the tax court, the authority had to expect that the higher tax amount might be confirmed. By authorizing deletion of the lien for the full amount before final adjudication, it failed in a duty that protected the municipality's financial interests.