Key legal question
Whether the cantonal court arbitrarily assessed the expert evidence on the cause of the humidity and flooding.
Extracted holding
No arbitrariness was shown: the cantonal court could rely on the concordant expert reports and witness testimony and disregard the isolated contrary report.
Extracted reasoning
The Federal Court held that the challenged expert report did not contradict the conclusion that the municipality’s execution of the works contributed to the damage; other experts also linked the trench and drainage conditions to the infiltration.