Questione giuridica chiave
Whether the federal appeal had become moot after withdrawal of the building permit application
Decisione estratta
Yes. Once the construction project was withdrawn, the federal appeal and the prior decisions lost their object and the case had to be stricken from the docket.
Motivazione estratta
The withdrawal of the permit request removed any live dispute. In such a situation the Federal Supreme Court strikes the case and decides costs summarily under Art. 71 LTF and Art. 72 PCF.