Key legal question
Whether the Federal Supreme Court could hear a direct appeal against the cantonal approval of a derogation before the building permit was decided.
Extracted holding
The challenged decision was interlocutory, not final; no irreparable prejudice was shown, so the appeal was not admissible at this stage.
Extracted reasoning
The derogation approval did not itself authorize construction. The municipal council still had to decide the building permit and could refuse it on other grounds. The applicants therefore suffered no present legal or factual prejudice.