Questão jurídica principal
Whether the public-law appeal was directly admissible against the municipal permit decision despite the prior cantonal appellate judgment.
Decisão extraída
Yes. Because the appeal concerned only an issue already decided by the cantonal court, a further cantonal appeal would have been a vain formality.
Fundamentação extraída
The Federal Court applied the exception to the exhaustion requirement where an inferior authority issues a final decision in execution of a cantonal appellate judgment on a question already settled.