Key legal question
Whether the builders had to bear reduced court costs after the departmental appeal was withdrawn following project changes
Extracted holding
Yes. The builders had caused a modification of the municipal decision during the appeal and were not arbitrarily charged reduced costs.
Extracted reasoning
Under cantonal law, on withdrawal of an appeal the instructing judge may apply the rule on costs by analogy. Since the builders changed the project in response to the appeal, they effectively acknowledged at least part of the department's objections and triggered a new public inquiry; the cost allocation was not arbitrary.