LAW 603 Lecture Notes - Lecture 9: Henry J, Old Age
28 Feb 2017
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Document Summary
The applicant has asked for an order of this court quashing and declaring null and void the interim. 1 control by-law of the city of st. catharines enacted october 28, 1991, that relates to the lands of the applicant. The issues are the validity of the interim control by-law, and whether the question of the validity of the by-law should be determined by this court under s. 139(1) of the municipal act, r. s. o. 1980, c. 302, rather than by way of an appeal to the municipal board pursuant to s. 37(4) of the planning act, 1983, s. o. The facts are that the applicant owns land in the city of st. catharines that was zoned by the city in. The city admits that, from a planning perspective, the site is suitable for multi-residential zoning. When the applicant purchased the land in december 1990, the zoning was a condition of the.
