Supreme Court

Decision Information

Decision information:

Abstract: Application to quash a portion of the City's zoning By-Law which requires a six-month waiting period between the date of the City's refusal to issue a development permit and the date of consideration of any similar application for the same parcel of land. Argued that the Act does not empower council to prohibit the development officer from accepting for consideration an application.
Decision: Application dismissed. No merit to quashing the by-law.
Subjects: Municipal law
Keywords: By-law - quash - ultra vires - fettering of discretion

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