Key legal question
Whether the Federal Supreme Court could immediately hear the appeal against the cantonal remand decision.
Extracted holding
The challenged decision was an incidental remand decision and was not immediately appealable because the lower authority retained full discretion on the remaining issues; neither irreparable harm nor the exception for costly evidence proceedings was shown.
Extracted reasoning
The remand did not end the permit proceedings and did not fall under Art. 92 LTF. The appellant failed to demonstrate irreparable prejudice under Art. 93(1)(a) LTF, and did not establish that immediate review would finally resolve the case and avoid lengthy, costly evidence under Art. 93(1)(b) LTF.