Questione giuridica chiave
Whether the cantonal court wrongly treated the dispute as one of opportunity rather than legality under the Land Use Planning Act.
Decisione estratta
The cantonal court wrongly refused to review the legality of the zoning decision and wrongly confined itself to criticizing the lower authority's exercise of discretion.
Motivazione estratta
Art. 15 LAT contains indeterminate legal concepts whose application is reviewable as a question of legality. The judicial review of a zoning plan can examine whether the cantonal authority correctly applied the legal criteria; this is not an opportunity review.