Burlington air park appeal is dismissed – city can begin thinking about how it will enforce site plan compliance

Newsflash 100By Pepper Parr

June 11, 2014

BURLINGTON, ON.

Based on an as yet verified report from the Osgoode Hall Ontario Court of Appeal,  Burlington Air Park Inc., appears to have lost the second round in efforts to build an air park without having to comply with municipal rules and regulations.

A panel of three judges dismissed the appeal on the spot – which is a bit unusual.  Frequently appeal courts take time to review the documents and the pleadings and then write their decision and release it at a later date.

The Burlington Air Park Inc., can seek leave to appeal the decision of the Supreme Court.

We will seek additional details on this matter and follow up.

The tide has certainly turned on this situation.  The city can now begin thinking about just what it is going to require of the air park in terms of compliance with the site plan by-law.  And residents who have suffered significant property value losses can begin to think in terms of damages they will want to seek.

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8 comments to Burlington air park appeal is dismissed – city can begin thinking about how it will enforce site plan compliance

  • Susie McDonald

    The city allowed this to happen for over 5 years. The city is largely to blame, and should be expected to buy up all the affected properties surrounding the air park.

    • Pat

      Susie, you are assuming that the property owners want to be expropriated?

      I believe that the City should now, and which it has the legal power to, force that the remediation be done by Rossi PRONTO.

      And if he fails to comply, they have the legal right to step in, as written in their current by-laws, hire the contractors to do the millions of dollars of work required to restore those properties, and charge him.

      If he fails to pay, they expropriate HIS property.

  • […] Burlington air park appeal is dismissed – city can begin thinking about how it will enforce si… […]

  • Congratulations to the Rural Burlington Greenbelt Coalition, Burlington City Council and Pepper Parr for their tenacious assertion that municipal site alteration bylaws apply to all landowners. I hope this means that multiple soil analyses can proceed quickly (with “clean” results) and the fill moved or removed to alleviate flooding of the neighbours’ lands. The Ontario Court of Appeal decision will serve as a precedent for other municipalities. Thanks, Pepper, for sharing the great news so quickly.

  • Glenda Dodd

    Thanks for all you are doing Pepper Par your Burlington Gazette means a lot to us.

  • Tony Pullin

    Whatever happens, “hats off” to the Burlington Gazette for having the backbone to stick with this story. The publisher has had the courage to stick his neck out amid threat of legal action and other issues. Burlington is most fortunate to have this publication.

  • Pat

    So long Mr. Rossi – do let the dump truck’s tailgate hit you on the way out, please.

  • Kurt

    Hurrah! Occasionally the good guys win.
    Now to demolish the libel suites.

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