Questão jurídica principal
Whether the cantonal court arbitrarily interpreted Article 3 PEM by allowing construction when the building height exceeds 473 m but the natural ground does not.
Decisão extraída
No. Article 3 PEM applies to the ground surface within the 473 m contour area, not to the maximum height of buildings erected below it.
Fundamentação extraída
The cantonal court's historical and literal interpretation was supported by the plan wording, the reference to the contour line, the preparatory municipal comments, and the plan's purpose of preserving the hill.