Questione giuridica chiave
Whether the refusal of the silo building permit violated the property guarantee by lacking a legal basis or proportionality.
Decisione estratta
No. The refusal was based on municipal and cantonal townscape-protection rules and did not amount to an absolute ban; the applicants remained free to submit a redesigned project.
Motivazione estratta
The court held that the challenged decision concerned the concrete, oversized and bulky silos as planned. Their height and form could not be altered by conditions alone. Given the sensitive location near the historic townscape, refusal was permissible, while a smaller and less bulky project could still be approved.