Questão jurídica principal
Whether the cantonal judgment granting the special authorization for construction outside the building zone was immediately appealable to the Federal Supreme Court
Decisão extraída
No immediate appeal was available because the judgment was an interlocutory decision and neither irreparable harm nor a long and costly evidentiary procedure was shown.
Fundamentação extraída
The decision finally resolved only the zoning-conformity question, while further water-protection authorization and municipal building review remained pending. The appellant faced no irreparable prejudice because construction could not begin. The exception of art. 93(1)(b) LTF also failed because a modified project could likely obtain the remaining approval without lengthy proceedings.