Questão jurídica principal
Whether the cantonal court unlawfully limited its review to arbitrariness despite the right to judicial review
Decisão extraída
The court noted the criticism but left the question open because the decision had to be annulled anyway.
Fundamentação extraída
Art. 29a BV, Art. 110 BGG and Art. 33 RPG require review by a court of law and fact, but not necessarily an appropriateness review; a mere arbitrariness test is insufficient where the court is the competent judicial instance.