Questione giuridica chiave
Whether the cantonal appeal court violated the complainants' right to reply by not communicating the respondent's response before deciding.
Decisione estratta
Yes. The parties had a constitutional right to be informed of the response and to comment on it before the appellate decision was taken.
Motivazione estratta
The right to be heard under Art. 29(2) Cst. includes access to submissions capable of influencing the decision and the opportunity to comment. As a formal guarantee, its breach requires annulment regardless of whether the omitted reply affected the merits.