Written by Glen Morrison 107.5 KISSFM Tuesday, 28 August 2012 02:39
The city of Vernon won't have to pay a developer 2.8 million dollars thanks to a unanimous ruling by the B.C. Court of Appeal . The court has decided a B.C. Supreme Court judge took too narrow an interpretation of a bylaw and the authorizing statute. The developers of the Outback resort had wanted to use an on site sewer plant of their own, but the city insisted on a hookup to the main sewer. The bylaw allowed them to recover costs by hookup fees charged future developments. However the city changed the official community plan, stopping future hillside development in the area, then the Okanagan Land Development Corporation sued. There's no word if there may be a further appeal.
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Appeal Ruling Aug 8, 2012
Original Decision Oct. 6,2011
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