Kernrechtsfrage
Whether the cantonal court arbitrarily treated the appeal as moot and fixed costs on a prognosis basis.
Extrahierter Entscheid
The cantonal court should not have declared the appeal moot, but its cost allocation remained defensible because the appeal had initially good prospects and the decisive new fact arose only later.
Extrahierte Begründung
The permit was not withdrawn but modified by additional conditions. The dispute therefore retained its object. However, the builders’ later declaration that they would build a main residence was the new fact that changed the procedural outcome; before that, the respondent could reasonably appeal successfully.