Questione giuridica chiave
Whether the municipality's strict reading of art. 46 RPE excluding the shop and bar was arbitrary.
Decisione estratta
Yes. Given the municipality's inconsistent practice and toleration of non-industrial activities, the restrictive application in this case was unsustainable and arbitrary in its result.
Motivazione estratta
The court found evidence of a broader, inconsistent municipal practice and of a lack of convincing justification for suddenly enforcing a strict no-mix policy after many years.