Questão jurídica principal
Whether airport noise immission claims were unforeseeable and thus compensable as formal expropriation of neighbor rights
Decisão extraída
The unforeseeability condition was not met; the 1 January 1961 benchmark also applies to Lugano-Agno.
Fundamentação extraída
The airport had already developed significantly after 1947 and again in 1960; the general federal rule on foreseeability for airport noise is not confined to national airports and should not be adapted case by case.