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Special issue : Whispering Pines Threatened
Article in Ottawa Sun on November 26th
Hog farm gets OK from court
By JOHN STEINBACHS, Ottawa Sun
THE CITY'S expensive fight against an east-end hog farm suffered another blow yesterday when a court rejected a city appeal that sought to stop the farm's construction. The Ontario Court of Appeal has upheld a ruling that the city's building inspector was justified in issuing building permits for the proposed Sarsfield operation.
The ruling means that would-be pig farm operators Mario Cote and Luc Fontaine will get their building permits and can begin construction of the farm.
MORE MONEY
However, another city bylaw setting out buffer zones around intensive hog farms still keeps the property from being turned into a major pig operation.
That bylaw will be challenged in the spring at the Ontario Municipal Board, a case that will cost the city more money.
"Obviously, I'm very disappointed. I can't wait to see the ruling and see what the justification was," said Cumberland councillor-elect Rob Jellett. "The people of Sarsfield are going to be very disheartened to hear this."
The city had arguedthat its own chief building official was wrong in deciding a city building permit had been issued properly.
The city argued that Arlene Gregoire should have considered such laws as the Ontario Water Resource Act and the Environmental Protection Act, before handing over a building permit.
After this defeat, the next possible step for the city is to take the matter to the Supreme Court of Canada, an expensive option Jellett doesn't believe council will approve.
Coun. Dwight Eastman has long opposed the city's fight against the farm and said the ruling should have been expected.
"Surprise, surprise," he said yesterday. "I fully expect the applicant is going to take the city to court to recover their costs."
The city's legal bills are moving toward the $1-million mark and Eastman said it will likely get worse.
The court also rejected a cross-appeal by the hog farm operators on the limitation of 750 hogs on the farm. However, that limitation was set out in a now-expired bylaw.
Source: http://www.canoe.ca/NewsStand/OttawaSun/News/2003/11/26/268434.html
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