Questione giuridica chiave
Whether the federal appeal could be based on a cassatory request for remand only.
Decisione estratta
A purely cassatory request was acceptable here because, if the complaint were upheld, further factual findings would be required and the Federal Supreme Court could not decide the merits itself.
Motivazione estratta
The complaint challenged the lower court's failure to examine which neighboring parcel would suffer the least damage; this would require remand for new fact-finding.