Key legal question
Whether the appellants' right to be heard was violated because they could not comment on subsequent submissions filed in the cantonal appeal proceedings.
Extracted holding
Yes. The court held that parties must be given access to all submissions received by the court and an opportunity to comment, even if the submissions add nothing new; non-receipt of the two submissions meant the appellants could not exercise that right.
Extracted reasoning
The filings of 19 September and 2 October 2012 were not shown to have reached counsel. Since the appellants could not respond, Art. 29 paras. 1 and 2 BV and the principle of equality of arms were breached.