Questione giuridica chiave
Whether the classification of the private road as a public municipal road violated the municipality's autonomy and the owners' property rights.
Decisione estratta
The classification was lawful: the public interest in direct access to the recreational area outweighed the private burden, and the municipality's autonomy had been wrongly curtailed.
Motivazione estratta
The cantonal court misapplied the necessity and proportionality test under Art. 26 and 36 BV. A less intrusive measure was not shown; the private interests of the owners did not outweigh the significant public interest in a direct, convenient route and a round path.