Questão jurídica principal
Whether the federal appeal could be based on a cassatory request for remand only.
Decisão extraída
A purely cassatory request was acceptable here because, if the complaint were upheld, further factual findings would be required and the Federal Supreme Court could not decide the merits itself.
Fundamentação extraída
The complaint challenged the lower court's failure to examine which neighboring parcel would suffer the least damage; this would require remand for new fact-finding.