Lawful nonconforming, besides dealing with a continuous activity providing acquired rights, and or intent (the stated reason why the company exists), a judge may not grant the legal nonconforming rights to the company because in order for it to be legal, they first would have to have been licensed by Health Canada. Even though the stated intent was to have a medical mj grow op, if the amendments are approved prior to any license being granted, counsel for the town might argue so such legal nonconforming rights exist because the company was not in a position to conduct activity on that site because any activity ahead of the granting of the license would be illegal, and even their intent to grow may not be legal in the absence of a license.
Marked, do you deal in securities law? If so, I would like to pose a question to you privately.
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