Questione giuridica chiave
Whether the cantonal court arbitrarily interpreted Art. 13 of the quartier plan by treating an real-estate agency as a permitted ground-floor 'commerce'.
Decisione estratta
No. The broad ordinary meaning of 'commerce' could include service businesses such as an estate agency, so the cantonal interpretation was not untenable.
Motivazione estratta
Under the arbitrariness standard, the Federal Court only intervenes if the cantonal solution is unsustainable. The term 'commerces' in common French usage can cover service activities and point-of-sale premises, and the plan contained no additional restriction excluding such uses.