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BYLAWS AND RESOLUTIONS - Grounds for invalidity - Failure to observe procedural bylaw - Unreasonableness

Monday, August 23, 2021 @ 9:33 AM  


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Appeal by Rocky View County from an order that set aside four County bylaws. The respondents owned land located in the same area as the lands affected by the bylaws, which amended the County’s Land Use Bylaw. The bylaws redesignated lands from “Ranch and Farm District” to “Natural Resource Industrial District” to facilitate the development of gravel extraction. The County passed motions with respect to the Master Site Development Plans to ensure they complied with the requirements of the County development plan. The bylaws were approved prior to the approval of the amended Master Site Developments Plans. The chambers judge found the County proceeded on seriously and obviously deficient Master Site Development Plans and by doing so, undermined the purposes of the County Plan and acted contrary to the objectives of good government.

HELD: Appeal allowed. It was a mandatory requirement that a redesignation application for aggregate extraction in the County include a Master Site Development Plan. The County reasonably followed the mandatory requirements of the County Plan. The decision to enact the bylaws was not aberrant, overwhelming or a decision no reasonable municipality would have taken. The sequence of events in enacting the bylaws prior to approving the Master Site Development Plans did not prejudice the respondents. The bylaws could not be challenged on the ground of unreasonableness.

Rocky View (County) v. Koebisch, [2021] A.J. No. 971, Alberta Court of Appeal, F.L. Schutz, E.A. Hughes and K.P. Feehan JJ.A., July 20, 2021. Digest No. TLD-August232021001