Questione giuridica chiave
Whether the Administrative Court could hear an appeal against the cantonal government's non-entry decision in communal matters
Decisione estratta
Yes. Although communal-law appeals generally lie only within the statutory framework of the Municipal Act, federal law required judicial review here because the matter was not a purely political act.
Motivazione estratta
The court held that the municipal council's selection of a future network operator was not an obvious act of government; it concerned the exercise of a public task and could affect individual legal positions. The cantonal system had to be interpreted in light of the federal right to judicial review, so the Administrative Court was competent despite the ordinary cantonal route.