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CH-TI
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Art. 44 LPAmm Legge sulla procedura amministrativa (LPAmm)
LPAmm
Art. 44 LPAmm
1 Se l’oggetto della causa è alienato durante il procedimento, l’acquirente può subentrare nel procedimento al posto dell’alienante.
2 La parte subentrante risponde per tutte le spese giudiziarie. La parte che si ritira risponde tuttavia solidalmente per le spese già maturate.
3 Se non vi è alienazione dell’oggetto di causa, la sostituzione di parte può avvenire solo con il consenso della controparte.
Decisioni giudiziarie che applicano questa disposizione (22)
52.2013.323 · ti (art. 44 LPamm)
Administrative Appeal Regarding Building Permit Denial Based on Terminated Site Coordination Convention
The provision was mentioned in the reasoning related to the admissibility of the appeal against a referral decision, which was necessary to assess the case before reaching the final order.
11.2011.130 · ti (art. 44 LPAmm)
Appeal Regarding Refusal to Revoke Provisional Custody Placement
Cited in the reasoning to explain the concept of 'irreparable harm' required for an incidental decision to be appealable, which is the basis for declaring the appeal inadmissible (though the direct ground is 'lack of such harm' in point 2).
11.2008.181 · ti (art. 44 LPAmm)
Parents' Appeal Against Suitability Investigation Order Inadmissible
Cited in the reasoning (point 7) as the basis for the rule that incidental decisions can only be challenged if they cause irreparable harm, which is relevant to the inadmissibility finding, although the final dispositive relies on CPC procedural grounds.
52.2010.161 · ti (art. 44 LPamm)
Appeal Against Phased Road Construction Approval
Cited among the provisions considered before declaring the judgment, relevant to the procedure (admissibility of appealing a referral decision).
52.2010.21 · ti (Art. 44 LPamm)
Appeal Regarding Vehicle Storage Permit Denial in IN1 Zone
Cited in the preamble to the dispositive, relevant to the concept of irreparable harm for the admissibility of appealing an incidental decision.
52.2009.441 · ti (art. 44 LPamm)
Municipality Appeal Regarding Canopy Demolition Order and Required Geotechnical Survey
Cited in the reasoning to justify the inadmissibility of the request made by CO 1 in the response.
52.2007.386 · ti (art. 44 LPamm)
Appeal Regarding Interlocutory Decision on Speed Limit Publication
The appeal was declared inadmissible because the judgment under review was qualified as an incidental decision that did not cause irreparable harm to the appellants.
90.2007.168 · ti (art. 44 LPamm)
Property Owner Appeal of Artisan Zone Refusal Due to Uncertain Bypass Tunnel Planning
Used to define the admissibility of the appeal against an interlocutory decision, although the decision was ultimately rejected on the merits.
52.2008.430 · ti (art. 44 LPamm)
Municipality v. Police Corporal: Emergency Driving Disciplinary Action Review
Although cited extensively in the reasoning regarding interlocutory decisions, it is not explicitly listed in the final operative orders (1, 2, 3). *Exclusion based on strict rule application.*
52.2008.369 · ti (art. 44 LPamm)
Property Owner Appeal Regarding Publication of Construction Application
Cited in the reasoning to determine that incidental decisions are only appealable if they cause irreparable harm, which the publication of a building permit application does not.
11.2006.25 · ti (art. 44 LPAmm)
Appeal Regarding Denial of Legal Aid for Child Visitation Suspension Challenge
Cited in the reasoning regarding the condition under which a provisional decision could be appealed (irreparable harm), which was not met by the appellant.
90.1998.144 · ti (Art. 44 LPAmm)
Property Owner Appeal of Zoning Variant Deferral Over Agricultural Compensation Requirement
Cited in consideration 1 to determine that the decision under appeal was an incidental decision, making its review dependent on the risk of irreparable harm.
90.1995.57 · ti (Art. 44 LPamm)
Municipality Zoning Plan Appeal Upheld Against State Council Modifications
Cited in the context of determining the admissibility of the appeal regarding the decision to refer back the zoning issue for the locality '...'.
90.1995.27 · ti (art. 44 LPAmm)
State Council Zoning Referral Appeal Inadmissibility
This procedural rule was cited in the reasoning while analyzing whether the intermediate decision caused irreparable harm, which is the core of the procedural finding that led to the declaration of inadmissibility.
90.1995.36 · ti (Art. 44 LPamm, risp. 45 PA)
Property Owner v. State Resolution on Lakefront Development
Cited in the reasoning regarding the lack of irreparable prejudice for the appellant, which is a general prerequisite for appealability in administrative law, but not explicitly used in the final orders.