Questione giuridica chiave
Whether the cantonal method for calculating party compensation in the zoning-plan appeal remained compatible with federal law and the association's right to appeal.
Decisione estratta
The cantonal court could apply its tariff-based system, but it had to interpret it so that the exercise of the environmental association's appeal right was not made impossible by prohibitive financial risk.
Motivazione estratta
The court held that federal law does not require flat-rate compensation in such proceedings, but cantonal rules must be applied in a way that does not undermine public-interest appeals. The new calculation was largely acceptable, yet one 10% surcharge for submissions caused by the association's successful prior federal appeals could not be charged to the appellant.