Fight was worth it: Jeffs

NiagaraThisWeek Article: Fight was worth it: Jeffs: 

Though it was officially a defeat, Wainfleet Mayor April Jeffs isn’t taking the court decision regarding its 2-km wind turbine setback bylaw as a total loss.
“We grabbed the attention of the public,” she said.
The decision on the case was rendered last Friday. Wainfleet enacted a bylaw last year that required a 2-km setback for turbines, which goes against the province’s Green Energy Act. It stipulates the setback should be set at 550 metres.
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Ald. Betty Konc said the decision is really a win for the township.
“We were well within our jurisdiction. If we had a better definition of property we may have won,” she said.
Konc said the ruling paves the way for other municipalities currently facing similar issues. She said those municipalities may be able to draft bylaws with stronger language.
In his decision Reid also considered whether the bylaw was outside the municipality’s authority. Because the Municipal Act grants broad authority to municipalities to regulate things like nuisance, noise, health and safety, the justice ruled the bylaw was within Wainfleet’s authority under the Municipal Act.
“The judge has said, ‘you do have jurisdiction,” Konc said.

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