Questão jurídica principal
Whether the designation of part of the parcel as a non-buildable area in Kernzone W amounted to material expropriation requiring compensation.
Decisão extraída
No compensation was due because the measure had to be assessed as a non-zoning under planning-law principles, and the parcel was part of a distinctive green, villa-and-park ensemble rather than a buildable gap.
Fundamentação extraída
The zone change occurred before the municipality adapted its planning to the RPG. For such pre-RPG planning, compensation is assessed like a non-zoning. The court found no need or expectation to zone the land, no gap in the sense of the case law, and no arbitrary sacrifice.