Questão jurídica principal
Whether the refusal to authorize resale of the apartment violated the constitutional guarantee of property
Decisão extraída
No. The LDTR serves an important public interest in preserving rental housing, and the refusal was proportionate because the bank's interest was purely economic and it retained use and enjoyment of the apartment.
Fundamentação extraída
The court held that the LDTR is based on an important public interest and that the cantonal authority properly balanced interests under Art. 39 LDTR. The bank did not show a specific overriding private interest.