Madpiper: Thanks for posting the St.Romuald brief
Post# of 56323
Posted On: 10/11/2014 5:27:30 PM
Madpiper: Thanks for posting the St.Romuald brief - excellent DD and a clear exposition of the legal issues (and precedents) that will undoubtedly be involved in reaching a decision concerning the current difficulties with Lakeshore.
The main points here are obviously the "intensification" and "neighborhood effects" tests. Personally, I would think that CenBio falls within the limits set forth in the St. Romuald ruling. Growing MJ is no different (in a botanical sense) from growing tomatoes or corn - they're all clearly agricultural products Thus - at least in my opinion - MJ shouldn't be considered sufficiently remote from tomatoes or corn so as to fail the "excessive remoteness" criterion. However, the ruling in Manitoba Ltd. was that a pig farm operation was sufficiently remote from a chicken farm operation - which seems counter-intuitive since they're both deal with livestock and they're both loud, smelly, and obnoxious. So I don't know - I guess it could go either way in Lakeshore.
As far as the "neighborhood effects" test goes, the only real basis for opposition seems to be the "prison-like" unsightliness of the facility resulting from the perimeter security fence. To me, what's interesting here is that the fence is an H/C requirement under Canadian law - so if the Town Council gave the go-ahead to CenBio back in November of 2013, then it implicitly gave the go-ahead to any feature of the facility that would be required by law. In doing so - again in my opinion - the Town Council effectively varianced the facility with respect to neighborhood effects. So I think that CenBio would meet this test (or perhaps more accurately, that the test itself would be moot in the face of the implied variance).
Again, Madpiper, an excellent find.
The main points here are obviously the "intensification" and "neighborhood effects" tests. Personally, I would think that CenBio falls within the limits set forth in the St. Romuald ruling. Growing MJ is no different (in a botanical sense) from growing tomatoes or corn - they're all clearly agricultural products Thus - at least in my opinion - MJ shouldn't be considered sufficiently remote from tomatoes or corn so as to fail the "excessive remoteness" criterion. However, the ruling in Manitoba Ltd. was that a pig farm operation was sufficiently remote from a chicken farm operation - which seems counter-intuitive since they're both deal with livestock and they're both loud, smelly, and obnoxious. So I don't know - I guess it could go either way in Lakeshore.
As far as the "neighborhood effects" test goes, the only real basis for opposition seems to be the "prison-like" unsightliness of the facility resulting from the perimeter security fence. To me, what's interesting here is that the fence is an H/C requirement under Canadian law - so if the Town Council gave the go-ahead to CenBio back in November of 2013, then it implicitly gave the go-ahead to any feature of the facility that would be required by law. In doing so - again in my opinion - the Town Council effectively varianced the facility with respect to neighborhood effects. So I think that CenBio would meet this test (or perhaps more accurately, that the test itself would be moot in the face of the implied variance).
Again, Madpiper, an excellent find.
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