Question juridique clé
Whether the cantonal appeal court violated the appellant's right to be heard by closing the evidence phase and deciding without allowing submissions on the evidentiary results.
Solution extraite
Yes. The parties had to be given an opportunity to comment on decisive evidence, especially after the site inspection and questioning on self-farming capacity.
Motifs extraits
The evidence concerned decisive matters: suitability of the buildings for Highland cattle and the parties' qualifications as self-farmers. Because the court closed the evidence and then ruled without further submissions, the appellant was prevented from commenting on outcome-determinative evidence. The violation could not be cured before the Federal Supreme Court because factual and evidentiary issues were involved.