Kernrechtsfrage
Whether a neighboring property owner has standing to challenge a patent conversion under § 12 para. 1 VRG and § 21 WG.
Extrahierter Entscheid
Yes. In a need assessment under the Economic Act, the neighboring owner can invoke special proximity when he alleges additional noise and other emissions from the planned hotel operation.
Extrahierte Begründung
Unlike in building-permit cases, standing under the Economic Act requires closer scrutiny. Because § 21 WG makes certain hotel-type businesses subject to a need requirement, and § 22 WG requires consideration of local conditions, the business location and resulting neighborhood disturbances may be relevant to the need assessment. A nearby owner therefore has a sufficiently close and legally protected relationship to the matter.