Key legal question
Whether the federal appeal against the cantonal judgment was admissible despite the decision being incident rather than final.
Extracted holding
The challenged judgment was an incident decision and the conditions for immediate federal review were not met.
Extracted reasoning
The cantonal judgment did not terminate the building-permit procedure. No irreparable prejudice was shown, because the lower authority still had to complete the permit with additional conditions and a bank guarantee, and the parties could later challenge that later decision. Nor would admission of the appeal immediately lead to a final decision avoiding lengthy and costly evidence proceedings.