Questione giuridica chiave
Whether the building permit for a secondary residence issued on 2012-12-20 complied with Article 75b Cst. and Article 197 ch. 9 al. 2 Cst.
Decisione estratta
The permit was contrary to Article 75b Cst.; because it was issued after 2012-03-11 but before 2013-01-01, it was annulable and had to be set aside.
Motivazione estratta
Article 75b Cst. is directly applicable from 2012-03-11. For permits issued before 2013-01-01, unconstitutional permits are annulled; from 2013-01-01 onward, the transitional provision makes them void. As the municipality already exceeded the 20% threshold, the permit could not stand.