Legal challenge prompts West Grey to rewrite bylaw

Legal challenge prompts West Grey to rewrite bylaw | Local | News | The Post:

West Grey is going to rewrite its fees and charges bylaw relating to wind energy projects to better withstand a legal challenge.
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West Grey Mayor Kevin Eccles said council isn’t backing down in the face of the court challenge. It was easier create a new bylaw rather than try to amend the current one. He said the new bylaw will be clearer and leave fewer details unexplained.
“The theory of the bylaw is just great. On the advice of legal counsel we don’t have enough meat on the bones. The bylaw is fully defendable but . . . we just didn’t have enough background information,” said Eccles who gave the example of the requirement to post $200,000 security for heavy equipment crossing a municipal bridge. Implied in the bylaw was the understanding that if no damage was done, the deposit would be refunded, but that wasn’t clearly stated.
“That was always the expectation, but we didn’t have it in there as to how it was going to be returned. It’s the way we do it with subdivision agreements and gravel pit applications . . . the lawyer said put it in black and white.”
A motion to rescind with the bylaw will come up for approval at the council meeting later this month. A new bylaw will be drafted by municipal officials and West Grey’s lawyer later this summer.

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