Questão jurídica principal
Whether the subsidiary constitutional complaint was available alongside the public law appeal
Decisão extraída
No. Because the case fell within the ordinary public law appeal route, there was no room for the subsidiary constitutional complaint.
Fundamentação extraída
The challenged cantonal judgment did not fall under an exception of Art. 83 BGG; therefore the public law appeal was admissible and the subsidiary remedy excluded, regardless of the misleading appeal instruction.