Questione giuridica chiave
Whether the zoning of 3,000 m² into zone OE constituted compensable material expropriation
Decisione estratta
No. The land could lawfully have been left outside the building zone at the relevant date, so the rezoning was not compensable.
Motivazione estratta
The parcel was not within the 'largely built-up area'; its size, location on the Surb and Surbtalstrasse, lack of dense surrounding urban structure, absence of gross servicing, and flood risk spoke against a building-zone entitlement.