Questão jurídica principal
Whether § 53 NBR on terrain changes is a mixed-law provision or purely public law.
Decisão extraída
§ 53 NBR is a mixed-law provision, combining private-law and public-law elements.
Fundamentação extraída
Given the structure of § 53(1) NBR and the interests at stake, the court treated the rule not only as serving protection of the local and landscape image, but also as a private-law distance rule.