Questione giuridica chiave
Whether the administrative court could refuse to address the request that the municipality build a wall instead of a slope.
Decisione estratta
The complaint on this point was effectively unfounded, because the municipality had already been bound by a final public-law decision to build the wall; the appellant therefore had no protected interest in a further declaration in the expropriation proceedings.
Motivazione estratta
The requested performance was a factual/specific performance issue, but the municipality had already resolved the matter in a separate, final decision. Therefore, non-entry did not violate the Constitution in the result.