Kernrechtsfrage
Whether A. AG in Konkurs had standing to appeal the clearing permit despite not having filed an objection.
Extrahierter Entscheid
No. It lacked both material and formal standing because it was neither owner nor neighbor, had only a hypothetical interest, and had not participated in the objection stage.
Extrahierte Begründung
A clearing permit is a police exception permit that does not create new rights. Standing requires a current protected interest and, as a rule, prior participation in the proceedings. Since the permit was duly published and no objection was filed, the appellant could not enter the case only at the appellate stage.