Questão jurídica principal
Whether the cantonal court applied § 23 VRG/ZH in an overly formalistic way by finding no recognizable appeal intent against the gestaltungsplan.
Decisão extraída
No. The federal court held that the appeal title, requests, and later submissions indicated only the quarter plan, so the absence of a clear challenge to the gestaltungsplan was not excessive formalism.
Fundamentação extraída
The prohibition of excessive formalism protects against disproportionate procedural rigidity, but even for laypersons a sufficiently clear intent to challenge a specific legal position is required. The references to building lengths and distances did not unmistakably show an intention to attack the gestaltungsplan; the filing repeatedly referred only to the quarter plan.