Questão jurídica principal
Whether § 74 PBG was interpreted arbitrarily as allowing the municipal council to adopt the plan despite owner disagreement.
Decisão extraída
The cantonal court's interpretation was not arbitrary; the municipal council could adopt the development plan under § 74 PBG.
Fundamentação extraída
The legislative history showed no intent to restrict municipal competence by the 2001 amendment; the deletion of a sentence was merely editorial. The plan also covered an area exceeding the minimum size requiring a gestaltungsplan in principle.