Questão jurídica principal
Whether the new Weinhaldenfeldstrasse conferred a compensable benefit on the appellant's parcel under § 24(1) old BauG.
Decisão extraída
Yes. A parcel may derive a contributable benefit from an additional access road even if it was previously accessible, where the new road improves traffic conditions in an area facing increasing development and prevents the existing access from becoming untenable.
Fundamentação extraída
The court held that sufficient prior access does not exclude a relevant benefit. Because the surrounding area was being increasingly built up, the existing Weinhaldenweg would, as sole access, become inadequate. The municipality's choice of hang roads instead of expanding the steep existing road was reasonable, and the appellant shared in the resulting sanitation of access conditions.