B.C. Supreme Court is now involved in a decision made recently by the District of Sechelt.
In early October, council passed a zoning bylaw amendment to allow Target Marine to build a processing plant on a parcel of its property. Coast Reporter has learned that, as a result, 16 residents from the Sandy Hook area have suggested the District is in error. They have retained Cox Taylor, the same law firm that current council hopeful Alice Janisch used to fight the Pacific Spirit development in 2007.
"The basis of the challenge is: the rezoning of the official community plan bylaws are made when all members of the public have access to all information so they can comment intelligently on it. Council received a large amount of new information, when you cannot accept new information after a public hearing," said John Alexander, counsel for the parties, in an interview on Wednesday afternoon.
Alexander said the public had a right to that information and to comment on it before decisions regarding the rezoning were made.
"They [the petitioners] gave a significant amount of research to us and we gave an opinion. We felt there was some merit in the argument," he added, as to why the firm chose to accept the case.
Rob Bremner, chief administrative officer for the District, said, "We believe the bylaws are solid and we are going to stand up for them."
Bremner said District lawyers are currently looking over the case. Alexander said in accordance with the Local Government Act, the court case must commence within one month of the challenge being filed, which was done on Oct. 29 in Victoria Supreme Court. A decision is not expected soon.
