Questione giuridica chiave
Whether the cantonal government correctly declared the challenge to the communal council vote inadmissible as time-barred.
Decisione estratta
Yes. Even assuming irregular notification, the appellant learned of the alleged defect by 9 December 2013 at the latest and still failed to act within a reasonable reaction period; the inadmissibility ruling was not arbitrary.
Motivazione estratta
A decision notified irregularly must still be challenged within a reasonable time once the person concerned learns of it. Here, the appellant knew of the alleged voting defect no later than the council meeting of 9 December 2013. Taking into account holiday periods, the 30-day appeal period expired on 24 January 2014; the February filing was therefore late.