The legal non-conforming challenge would be at the
Post# of 56324
Posted On: 11/25/2014 8:59:22 AM
The legal non-conforming challenge would be at the court level, not the county level. A judge, in the absence of any activity, would have to consider whether the intent would be enough to merit the acquisition of rights under legal non-conforming.
I believe your second statement is accurate and the county will likely narrow its decision focus on whether or not the town has the right to designate zones for growing medical mj, which is what Health Canada was encouraging municipalities to do. Since HC was telling municipalities to get their zoning together, that is likely how the county will view the Lakeshore decision. In the absence of a license, they again, would likely feel Lakeshore has acted accordingly and will support the amendments.
Two seperate issues though - legal non-conforming and what the country will do, or won't do. The only pause I would have in your second statement is yo seem to imply grandfathering, for wont of a better term when the town has stated no grandfathering will take place.
I still think there is room for negotiation with the town and the company to allow site #1 to operate removing some of the restrictions. Not sure about others but some of the comments about the ability of Health Canada to effectively monitor day to day operations and respond to complaints causes me more concern than other issues do. That perceived lack of ability on the part of HC seemed to carry the day at that last meeting.
I believe your second statement is accurate and the county will likely narrow its decision focus on whether or not the town has the right to designate zones for growing medical mj, which is what Health Canada was encouraging municipalities to do. Since HC was telling municipalities to get their zoning together, that is likely how the county will view the Lakeshore decision. In the absence of a license, they again, would likely feel Lakeshore has acted accordingly and will support the amendments.
Two seperate issues though - legal non-conforming and what the country will do, or won't do. The only pause I would have in your second statement is yo seem to imply grandfathering, for wont of a better term when the town has stated no grandfathering will take place.
I still think there is room for negotiation with the town and the company to allow site #1 to operate removing some of the restrictions. Not sure about others but some of the comments about the ability of Health Canada to effectively monitor day to day operations and respond to complaints causes me more concern than other issues do. That perceived lack of ability on the part of HC seemed to carry the day at that last meeting.
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