Questão jurídica principal
Whether the Federal Supreme Court could hear the appeal against the cantonal interim decision refusing suspensive effect
Decisão extraída
Yes. The decision was incident and caused irreparable prejudice because construction could proceed next to the appellants' property.
Fundamentação extraída
The refusal of suspensive effect exposed the neighbors to imminent construction and lasting, difficult-to-reverse harm; the legal conditions for an appeal against an interim decision were met.