Questão jurídica principal
Whether the building permit could be granted despite the lack of a separated wastewater system required by planning and water-protection rules.
Decisão extraída
Yes. In the specific circumstances, the interest in immediate sewage separation did not outweigh the owner's property rights; the permit could stand.
Fundamentação extraída
The court held that the non-separated situation was temporary, not attributable to the builder, the project itself provided separate pipes, and no serious impairment of the treatment plant was shown. The Federal Water Protection Act does not impose a deadline for separating non-permanent clear water runoff, so the public interest was not strong enough to make the plots entirely non-buildable.