Questione giuridica chiave
Whether the appellant had standing as a neighboring owner to challenge the building permit.
Decisione estratta
Yes. The appellant was specially affected by potential smoke emissions from the chimney and had a protected interest in annulment of the judgment.
Motivazione estratta
A neighboring owner on a higher parcel is more than generally affected by emissions from a new chimney, satisfying Art. 89(1) BGG.