Questione giuridica chiave
Whether the cantonal court violated the two-tier cantonal appeal system by deciding the matter itself instead of remanding it.
Decisione estratta
No. The State Council had acted as an appellate authority against the municipal decision, and the cantonal court could itself decide the omitted issue or remand under cantonal law.
Motivazione estratta
The challenged decision was not a refusal to decide; the cantonal court was not bound by the appellant's request for remand and could either decide the merits itself or send the case back with binding instructions.