Key legal question
Extent of the Administrative Court's review of discretion in permit-granting cases under § 52 Abs. 2 GO
Extracted holding
Although § 52 Abs. 2 GO allows review of discretion in this proceeding, the court must grant the permit authority a broad margin of appreciation when reviewing permit decisions.
Extracted reasoning
In permit matters, the authority that bears primary responsibility for maintaining consistent discretionary practice must be allowed considerable leeway, even where the court may examine discretionary issues.