Key legal question
Whether the cantonal courts arbitrarily applied Arts. 22 and 24 LPA/GE by refusing to consider lease contracts produced on appeal to update the pre-works rent schedule.
Extracted holding
Yes. The appellate court had to take into account the contracts produced before the first judicial instance, which had full power of review on facts.
Extracted reasoning
The Department's earlier refusal to receive updated information could not justify ignoring evidence duly filed in judicial proceedings. By focusing only on the owner's conduct before the administrative authority, the cantonal court overlooked the procedural change on appeal and decided on an incomplete factual record.