Questione giuridica chiave
Whether the Federal Supreme Court could review the cantonal decision on a possessory action only for constitutional violations.
Decisione estratta
Yes; possessory actions are treated as interim measures, so review was limited to constitutional rights.
Motivazione estratta
The court held that possessory actions merely restore or maintain the prior factual situation and are therefore provisional for purposes of Art. 98 LTF.