Question juridique clé
Whether the municipality could compel the respondent to remove polluted fill material as an execution of construction-law remediation powers.
Solution extraite
The municipality failed to show, in a non-arbitrary way, that the respondent had carried out the backfilling or caused the polluted material; the remediation order could therefore not be upheld against him.
Motifs extraits
The Federal Court found the appellant's challenge to the factual findings and evidence assessment largely unreasoned or merely alternative in nature, which is insufficient to establish arbitrariness. Since the decisive fact was not proven, the cantonal court did not unlawfully restrict municipal discretion.