Kernrechtsfrage
When may a municipality exceptionally be ordered to pay party compensation in an internal administrative appeal under § 39 sentence 2 VRG?
Extrahierter Entscheid
An exception is justified only where the municipality itself appealed or, although only involved as a lower authority, bears special responsibility for the erroneous decision; ordinary difficult legal questions do not suffice.
Extrahierte Begründung
Sections 37(2) and 39 sentence 2 VRG generally exclude both procedural and party costs for participating public bodies. This rule is compatible with Art. 4 BV. Party compensation may be refused unless exceptional circumstances make its denial manifestly unfair. Such unfairness may exist where the authority's faulty decision is attributable to willful, grossly negligent, or careless conduct.