Key legal question
Whether the Federal Supreme Court could entertain a complaint alleging denial of justice against the cantonal and communal authorities for non-enforcement of the restoration order.
Extracted holding
The complaint was inadmissible because the alleged denial of justice had to be raised first before the competent cantonal court, and no pending cantonal proceeding existed before the Federal Supreme Court could intervene.
Extracted reasoning
For a denial-of-justice claim under Art. 94 LTF, the authority complained of must be seized and fail to decide. As to the Service du développement territorial, cantonal remedies were available before the administrative law court. As to the cantonal court, it had already ruled on competence and no pending request was shown.