SUPREME COURT OF Nova Scotia
Citation: Lloyd v. Lunenburg (Municipality), 2016 NSSC 149
Date: 2016-06-06
Docket: SBW No. 433414
Registry: Bridgewater
Between:
Daniel E. Lloyd
Applicant
v.
Municipality of the District of Lunenburg
Respondent
Library Heading
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Judge: |
The Honourable Justice James L. Chipman |
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Heard: |
May 19, 2016, in Bridgewater, Nova Scotia |
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Written Decision: |
June 6, 2016 |
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Subject: |
Judicial review of an unsightly premises Order of the Municipality |
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Summary: |
A Lunenburg County property owner was ordered by the Municipality to clean-up his woodland. He failed to do so and the contractor’s clean-up bill was passed on to him. The property owner asks the Court to review the actions of the Municipality on several grounds, alleging that the remediation Order was improper. |
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Issues: |
1. Did the Municipality err in determining that the property was unsightly? 2. Did the Municipality err by including all of the vehicles on the property in the Order? 3. Did the Municipality err in not defining the term “temporary structures”?; and 4. Did the Municipality conduct the process in accordance with the rules of natural justice and procedural fairness? |
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Result: |
Found the Municipality did not err in any respect and that the process was conducted in accordance with the rules of natural justice and procedural fairness. Application dismissed. |
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