Questão jurídica principal
Whether the complained-of parcels could be zoned as building land despite snowmaking noise
Decisão extraída
No. The planing values under the environmental noise rules were still exceeded, and no planning, design, or construction measures ensured compliance.
Fundamentação extraída
The court accepted the federal environmental agency's view that the LSV methodology was applicable and that even with quieter snow lances the night-time planning value of ES II remained clearly exceeded. Seasonal use and passive soundproofing could not cure the defect, and Art. 24 USG does not allow a balancing exception for new zones.