Questione giuridica chiave
Whether the Verwaltungsgericht could hear an appeal against the Regierungsrat's planning decision.
Decisione estratta
Yes. Although such appeals are generally inadmissible, Article 6(1) ECHR required access to a court because the rezoning affected civil rights.
Motivazione estratta
The rezoning reduced building and use rights and burdened the property. Under ECHR case law, such planning decisions must be reviewable by an independent court with full factual and legal review.