Questione giuridica chiave
Whether the building permits for secondary residences issued on 27 December 2012 had to be annulled under Arts. 75b and 197 no. 9 Cst.
Decisione estratta
Yes. The permits were issued after the constitutional rule became applicable and were therefore unlawful in a commune exceeding the 20% threshold.
Motivazione estratta
The Court applied its 22 May 2013 case law: Art. 75b Cst. is directly applicable from 11 March 2012, and permits issued before 1 January 2013 but after that date are annulable; here the permits were issued on 27 December 2012 and the commune exceeded the quota.