Questione giuridica chiave
Whether the federal appeal was admissible against the cantonal remand judgment.
Decisione estratta
The appeal was admissible because the remand decision was incidental and its admission could immediately end the dispute, and a municipality may also invoke irreparable prejudice linked to its autonomy.
Motivazione estratta
The cantonal judgment did not terminate the procedure; however, confirming the refusal would avoid a new municipal decision and possibly a costly further examination. A commune may suffer irreparable harm when compelled to follow an allegedly unlawful remand order.