Questão jurídica principal
Whether the public law appeal could succeed on the ground of unequal treatment through consistent unlawful practice ('equality in illegality').
Decisão extraída
No. In zoning matters, legality can prevail over equal treatment, especially where neighboring interests are protected and the authority can instead initiate a plan revision.
Fundamentação extraída
The court accepted that a consistent practice may sometimes justify equal treatment in illegality, but emphasized the limited scope of the rule, the importance of legality in planning law, and the municipality's ability to seek revision of the plan before departing from it.