Kernrechtsfrage
Whether the paid levy had to be refunded after the legal basis was later annulled
Extrahierter Entscheid
Yes. Although the permit was final, the repayment reservation in the permit covered the later judicial annulment of the planning zone and the levy basis; in addition, trust protection required reimbursement.
Extrahierte Begründung
The levy was not simply recoverable because of an erroneous final decision, but the permit itself contained a refund clause. Reading that clause in good faith, and considering that the municipality demanded payment despite knowing the levy basis had already been held unlawful in parallel proceedings, the company could rely on reimbursement.