Questão jurídica principal
Whether the wooded part of parcel 1360 qualifies as forest under the Forest Act.
Decisão extraída
The parcel is, in law, not forest because the owner may rely on protected trust arising from the 1978 cadastre and related planning/roading decisions.
Fundamentação extraída
Although the vegetation met the quantitative forest criteria and could perform forest functions, the 1978 cadastre, the repeated roding approvals, the consistent zoning as building land, and the municipality's later practice created protected reliance; equal treatment also supported the same result as in comparable Arosa cases.