Key legal question
Whether the cantonal court violated the right to be heard by not examining the applicability of Arts. 77 and 79 LATC.
Extracted holding
No. The cantonal court should have examined the merits, but its failure did not stand because the Federal Court could determine the issue itself.
Extracted reasoning
The appeal still had a practical interest: the heirs sought a permit, and the effect of the new plan on Arts. 77 and 79 LATC remained decisive.