Kernrechtsfrage
Whether the cantonal appellate court had to hold a public oral hearing under Art. 6(1) ECHR and Art. 30(3) BV
Extrahierter Entscheid
Yes. Because the appellate court cured procedural defects and effectively took over part of the first-instance fact-finding, it should not have refused the requested public hearing.
Extrahierte Begründung
No unequivocal waiver was established. The appellate court was not limited to pure legal review, cured hearing defects, and decided issues first treated inadequately below; in that special situation the hearing right remained applicable.