Kernrechtsfrage
Whether the Federal Supreme Court could hear a constitutional complaint against the cantonal remand decision.
Extrahierter Entscheid
The challenged decision was an interlocutory remand order, and the appellant did not show an irreparable legal disadvantage within the meaning of the old procedural law.
Extrahierte Begründung
A remand decision is generally interlocutory. It is only directly appealable if the lower authority has no discretion left. Here, the canton could still challenge any final refusal later; the need to litigate the zoning-privilege question later did not create an irreparable legal harm.