Questione giuridica chiave
Whether the municipality had standing to appeal the cantonal judgment approving the building permit
Decisione estratta
The municipality did not have standing under Art. 89(2)(c) or Art. 89(1) LTF, nor under Art. 89(2)(d) LTF in conjunction with Art. 34(2) LAT.
Motivazione estratta
In Geneva building-permit matters, communes have only a consultative pre-opinion right and no autonomous decision-making power. The disputed permit concerned a building in the construction zone, not a matter covered by Art. 34(2) LAT. The municipality relied only on a general interest in correct application of the law, which is insufficient.