Kernrechtsfrage
Whether the municipality's strict reading of art. 46 RPE excluding the shop and bar was arbitrary.
Extrahierter Entscheid
Yes. Given the municipality's inconsistent practice and toleration of non-industrial activities, the restrictive application in this case was unsustainable and arbitrary in its result.
Extrahierte Begründung
The court found evidence of a broader, inconsistent municipal practice and of a lack of convincing justification for suddenly enforcing a strict no-mix policy after many years.