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the_marked

08/31/14 2:13 PM

#137302 RE: ghostbuster #137301

I'm not sure how Colorado law works, but I am intricately familiar with Canadian law. I doubt a challenge to Richmond council's decision would be unsuccessful. Also, Bill isn't suing Lakeshore, and Lakeshore isn't proposing to make commercial grow ops illegal. In the case of Richmond, municipalities are creatures of statute (Municipal Act, 2001) and are bound in their jurisdiction to follow statute. While they have control over zoning, they may have gone too far in "prohibiting" a specific use. I'm not sure about BC municipal law as I'm only licensed in Ontario, but s. 23.3(1) of the Municipal Act and s. 34 of the Planning Act don't give municipalities the carte blanche zoning power that Richmond seems to be exercising (see: http://www.gowlings.com/knowledgeCentre/publicationPDFs/Official_but_illegal.pdf).