Questão jurídica principal
Whether the cantonal decision violated municipal autonomy by holding Article 54quater(5) of the water-and-energy bylaw unlawful.
Decisão extraída
No. The cantonal authority did not exceed its review powers or misapply constitutional law when it found the fee incompatible with protected property rights.
Fundamentação extraída
The municipality enjoyed regulatory autonomy, but the old water rights were protected vested rights. The challenged charge amounted to a partial expropriation without compensation of the holders' right to free water delivery, so the cantonal authority could declare the provision unlawful.