Questione giuridica chiave
Whether the refusal to transfer part of harbor concession no. 4 to the owners of parcel no. 5 was arbitrary or violated equality/proportionality.
Decisione estratta
No. The canton may limit such concessions to owners of lakeside parcels, and parcel no. 5 is not directly riverfront.
Motivazione estratta
The practice of granting concessions only to riparian owners is objective, clear, and justified by the public interest in limiting constructions on the lake shore. The appellants’ parcel is separated from the lake by another parcel; servitudes do not change that fact. Different treatment is therefore not unequal and the refusal is not arbitrary.