Kernrechtsfrage
Whether the wooded strip had to be recognized as forest under the Forestry Act despite incomplete factual findings.
Extrahierter Entscheid
The cantonal court relied on an at least incomplete factual basis and had to take further evidence before ruling on forest character and the ecological and landscape value of the strip.
Extrahierte Begründung
The composition, biological value and landscape value of the strip were disputed; the lower court wrongly relied on an inconclusive sketch and failed to establish the species composition and the condition of cut trees. The Federal Court could not cure this evidentiary deficit itself.