Art. 39 LST Legge sullo sviluppo territoriale (LST)

52.2020.382 · ti (art. 39 cpv. 1 LSt)

Condominium Unit Valuation Dispute: Global vs. Individual Assessment

Cited in the reasoning as the provision that leads to the application of Art. 65 para. 1 LPAmm regarding active standing.

40.2012.2 · ti (art. 39 cpv. 6 Lst)

Valuation of Undeveloped Parcel Due to Zoning Exclusion

Cited as the basis for the decision not to award costs/indemnities (ripetibili) to the winning party.

40.2015.1 · ti (Art. 39 cpv. 1 Lst.)

Property Owner v. Cantonal Estimation Office: Valuation Appeal and Procedural Due Process Violation

Though cited in the reasoning section establishing competence, the Lst. as a whole is mentioned in the preamble to the dispositive, which governs the matter.

40.2014.6 · ti (art. 39 cpv. 1 Lst)

Property Owner v. Cantonal Valuation Office (Valuation Revision Timeline and Scope)

Cited in the reasoning concerning the application of the principle of ex officio application of the law in administrative proceedings.

40.2014.6 · ti (art. 39 cpv. 1 Lst)

Property Owner v. Cantonal Valuation Office (Valuation Revision Timeline and Scope)

This article, along with others mentioned in the preamble, grounds the Tribunal's jurisdiction and the decision to annul the contested administrative act by remitting the case.

40.2014.5 · ti (art. 39 cpv. 1 Lst)

Owner Appeal Against Increased Rustic Building Tax Valuation

Cited in the reasoning section to establish the competence of the Expropriation Tribunal, but not explicitly mentioned in the dispositive orders (1 to 4).

40.2014.5 · ti (art. 39 cpv. 2 Lst)

Owner Appeal Against Increased Rustic Building Tax Valuation

Cited in the reasoning section regarding the official maxim guiding the procedure, but not explicitly mentioned in the dispositive orders (1 to 4).

40.2014.5 · ti (art. 39 cpv. 3 Lst)

Owner Appeal Against Increased Rustic Building Tax Valuation

Cited in the reasoning section regarding the introduction of new facts and evidence on appeal, but not explicitly mentioned in the dispositive orders (1 to 4).

40.2014.5 · ti (art. 39 cpv. 5 Lst)

Owner Appeal Against Increased Rustic Building Tax Valuation

Although cited in the reasoning section to establish the court's full power of review, it is not explicitly cited in the final dispositive orders (1 to 4).

40.2014.2 · ti (art. 39 cpv. 6 Lst)

Property Owner v. Cantonal Estimation Office on Scope of Error Rectification in Property Valuation

This article was cited in the dispositive order (point 2) for allocating court fees and costs against the losing party (UCS).

40.2013.4 · ti (art. 39 cpv. 6 Lst)

Property Valuation Appeal Regarding Co-Ownership Share Assessment

Cited in the dispositive regarding the non-assignment of costs (No cost reimbursement).

40.2014.1 · ti (art. 39 cpv. 1 Lst)

Property Owner v. Cantonal Estimation Office (Property Valuation Appeal)

This article is cited in the reasoning (3.1.) to establish the Court's jurisdiction, which underpins the entire decision.

40.2014.1 · ti (art. 39 cpv. 2 Lst)

Property Owner v. Cantonal Estimation Office (Property Valuation Appeal)

This procedural rule governing the procedure (investigation by authority) is cited in the reasoning (3.2.) to explain the context of the decision.

40.2014.1 · ti (art. 39 cpv. 3 Lst)

Property Owner v. Cantonal Estimation Office (Property Valuation Appeal)

This procedural rule governing the submission of new facts/evidence is cited in the reasoning (3.2.) to explain the context of the decision.

40.2014.1 · ti (art. 39 cpv. 5 Lst)

Property Owner v. Cantonal Estimation Office (Property Valuation Appeal)

Although the dispositive itself only refers to annulling the decision and returning the file, the reasoning mentions that the Court judges with full cognitive power and can reform the decision, which suggests the grounds for the decision were rooted in the specific provisions governing the appeal procedure within the Lst framework, as implied by the reference to Art. 39 Lst in the preceding paragraph (though Art. 39 cpv. 5 Lst itself is cited in the reasoning section as governing the full power of review, the overall procedural basis for the decision is the Lst framework). However, to strictly adhere to the rule, we look at what is cited *in the dispositive's preamble or text*.