Questione giuridica chiave
Whether the cantonal authorities had to take new evidence after the appellant altered the shooting range during the appeal.
Decisione estratta
No further evidence was required because the appellant itself changed the situation during the proceedings and had to bear the consequences of that conduct.
Motivazione estratta
The court held that good faith binds private parties as well as authorities. A party may not alter the subject matter of the dispute during appeal in a way that can predetermine the outcome and then derive procedural advantages from the change. The appellant had to prove that the legal basis for sanation had fallen away, which it did not.