Questione giuridica chiave
Whether the cantonal court complied with the Federal Supreme Court's remand order by considering the photogrammetric studies and reassessing the terrain-natural issue.
Decisione estratta
No. The cantonal court wrongly treated the remand as limited to linking the fill to a construction file and failed to assess the photogrammetric evidence in a reasoned manner.
Motivazione estratta
The remand required clarifying when the earthworks occurred. The studies raised doubt that all fill was older than twenty years, so they had to be weighed. Mere reference to the remand decision was insufficient.