Questione giuridica chiave
Whether refusing to hear witness F. violated the right to be heard and arbitrariness prohibition
Decisione estratta
No. The lower court could, without arbitrariness, conclude that the evidence was unnecessary because the damage had not been cured and the witness could not affect that assessment.
Motivazione estratta
The court accepted the lower court's anticipatory assessment of evidence: the chronology showed renewed moisture after prior repairs, so F.'s testimony about earlier sealing work could not prove that the defect had been eliminated. The refusal to take that evidence therefore did not violate Art. 29(2) BV.