Questão jurídica principal
Whether the appeal against the Baukommission decision was admissible despite the canton being a party.
Decisão extraída
The appeal was admissible; the canton was a party because the hospital works were handled by the cantonal building office, so the Verwaltungsgericht replaced the department as appellate instance.
Fundamentação extraída
The filing was timely and properly made. Under § 2 Abs. 4 KBV, the Verwaltungsgericht acts instead of the department when the state is involved; the appellant was sufficiently affected and therefore entitled to appeal.