Questione giuridica chiave
Whether the building permit application for the intermediate structure was barred by res judicata
Decisione estratta
The earlier final restoration order, especially the 4-meter setback requirement, already covered any new construction within that setback and thus barred a renewed permit decision.
Motivazione estratta
The prior decision had finally determined that no building may be erected within the setback zone; the parties and subject matter were sufficiently identical, and no materially changed circumstances justified reconsideration.