Questione giuridica chiave
Whether the municipal and cantonal courts arbitrarily interpreted the communal setback rules as inapplicable to the underground parking garage of project B.
Decisione estratta
No. The court held it was defensible to treat the setback and façade rules as governing above-ground buildings only and not subterranean constructions.
Motivazione estratta
The concepts used in Arts. 8 and 11 RC refer to façades and ajourning, which presuppose constructions in surface. The communal regulations contained no specific rule for underground constructions; therefore, applying the existing regimes by analogy to the subterranean parking was not arbitrary.