Key legal question
Whether the refusal to order a further expert opinion violated the right to be heard or was arbitrary
Extracted holding
The refusal was permissible because the existing jointly commissioned expert report was considered conclusive and the complainant had not substantiated concrete defects in it.
Extracted reasoning
A court may rely on anticipatory assessment of evidence if further evidence would not change the result. Since the complainant had not specifically challenged the report in the cantonal proceedings, the court could decline another expertise without infringing Art. 29(2) BV.