Questione giuridica chiave
Whether the agricultural wastewater privilege under Art. 12(4) GSchG still applies after rezoning the horse farm into a commercial zone.
Decisione estratta
No. The rezoning eliminated the wastewater privilege; the provision is aimed at transferring building zones into the agricultural zone, not the reverse.
Motivazione estratta
The court held that the planner intentionally created a special commercial zone, so the statutory exception no longer fit. The wording and purpose of Art. 12(4) GSchG exclude its application.