Key legal question
Whether the cantonal department had standing to appeal under Art. 89 LTF
Extracted holding
No standing: a canton cannot invoke Art. 89(2)(c) LTF against a cantonal administrative-court judgment in this context, and no other basis for standing was sufficiently alleged.
Extracted reasoning
The dispute concerned conformity with zoning and a possible building-law derogation, not a construction outside the building zone. The canton did not show that a federal statute expressly granted it a right of appeal, nor that it was specially affected in the sense of Art. 89(1) LTF.