Quote:
Originally Posted by Keith P.
Maybe not that, but I hope I see the day where the judge in one of these hearings declares him and the HT guilty of frivolous litigation simply for obstruction, and hits them with all sorts of costs that will seriously impair their ability to do so in the future.
|
This is where you and I both agree completely on one thing - I am actually hoping that at some point they cross the line on a bunch of fronts and end up with multiple lawsuits on their hands. Regional Council meetings are recorded - so what better evidence...
I think Pacey's optimism is misplaced. If there is one thing the courts have had a glaring tendency to do is stay out of Municipal affairs, unless it can be demonstrated that the City in question (HRM) made a huge error in law. The fact is, between the Provincial Statement of Interest and the fact that the Municipality is the designated government that is able to make a decision on changing the plan - then I don't see where they have any potential ability to make their case.
But what this does remind us - when considering these sort of 'special buildings' - we need not put the design of the building into the plan. Because if we do - then you expose yourself to further risk. Better to have a policy and leave it at that; so that any design changes can be dealt with through the application process and not requiring a public hearing!