Saturday, April 27, 2013

COURTS ARE LOATHE TO QUASH MUNICIPAL BYLAWS

Bluewater taken to court over wind turbine building fees

http://www.southwesternontario.ca/news/bluewater-taken-to-court-over-wind-turbine-building-fees/
"The bylaw would see industrial wind turbine developers pay a $14,000 base permit fee, a $220,000 security per turbine for decommissioning, a $100,000 fee per turbine for matters related to health and property devaluation and a $100,000 fee per turbine for potential legal matters arising as a result of the turbines.

Bluewater chief administrative officer Steve McAuley told the Times-Advocate the municipality received the Notice of Application to quash the bylaw on April 10 and council was informed of the action during an in-camera session at its meeting April 15."

Here is a link to a court case that states municipalities have broad powers to set their own bylaws as long as they have jurisdiction and it is does not constitute a decision that no reasonable elected municipal council could have made. (well except maybe Melancthon).

The bylaw was challenged and stood the test.
http://www.canlii.org/eliisa/highlight.do?text=Catalyst+Paper+corp.+v.+north+cowichan&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/scc/doc/2012/2012scc2/2012scc2.html&searchUrlHash=AAAAAQAmQ2F0YWx5c3QgUGFwZXIgY29ycC4gdi4gbm9ydGggY293aWNoYW4AAAAAAAAB

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