Posted On: 11/24/2014 2:15:14 PM
Post# of 56323
Re: jjconnor77 #44160
If Essex approves CEN has twenty days in which to appeal and vice versa. I wonder what the record is for a higher tier overturning a towns amendment. There is so much to consider - the amendment itelf, the long term land use plan, the land planning act both at municipal and provincial levels.
Even if Essex approves, there is still room for a site specific amendment application that CEN had filed earlier and will have to file again regardless of whether Essex approves the amendment or not at least for the medical mj facility. the big question is whether on a court challenge under LNC a judge would consider the intenttion to run such a facility would be enough to get them in the backdoor, there are cases pro and con in terms of precedent but the most weight I have seen is where the activity already has been established to get them through the proceeding with success.
Personally I think the Essex decision is forgone - they will allow it but the zoning amendment application decision is key regardlessof the outcome tomorrow night. There is still a chance for this to be resolved to the satisfaction of both parties.
Even if Essex approves, there is still room for a site specific amendment application that CEN had filed earlier and will have to file again regardless of whether Essex approves the amendment or not at least for the medical mj facility. the big question is whether on a court challenge under LNC a judge would consider the intenttion to run such a facility would be enough to get them in the backdoor, there are cases pro and con in terms of precedent but the most weight I have seen is where the activity already has been established to get them through the proceeding with success.
Personally I think the Essex decision is forgone - they will allow it but the zoning amendment application decision is key regardlessof the outcome tomorrow night. There is still a chance for this to be resolved to the satisfaction of both parties.
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