Key legal question
Whether the constitutional appeal against the cantonal remand decision was admissible without irreparable legal harm
Extracted holding
The appeal was not admissible because the remand decision was an interlocutory decision and no irreparable legal disadvantage was shown.
Extracted reasoning
A remand by a higher cantonal court is a non-final decision under Art. 87 OG. The alleged prejudice from the lower court being bound by the reasons of the remand can still be cured by later ordinary cantonal remedies and, after the final cantonal decision, by constitutional appeal, where the remand decision may also be challenged.