Questione giuridica chiave
Whether the federal constitutional complaint against the cantonal remittal decision was admissible.
Decisione estratta
Yes. The remittal to issue the permit was an interim decision capable of causing irreparable harm to the municipality, so the complaint was admissible.
Motivazione estratta
A municipality need not comply with an allegedly incorrect order and then challenge its own new decision; this suffices for irreparable disadvantage under the rules on interim decisions.