NOVA SCOTIA COURT OF APPEAL
Citation: Truro (Town) v. Creelman, 2003 NSCA 96
Date: 2003
Docket: CA 194272
Registry: Halifax
Between:
Town of Truro
Appellant
v.
Calder Creelman and Nova Scotia
Utility and Review Board
Respondents
JUDGE: CROMWELL, J.A. (Orally)
APPEAL HEARD: September 23, 2003
JUDGMENT DELIVERED: September 23, 2003
WRITTEN RELEASE OF ORAL: September 24, 2003
SUBJECT: Municipal Planning and Zoning - Refusal of Development Agreement - appeals from Utility and Review Board
SUMMARY: The respondent Creelman applied to the Town of Truro for a development agreement which the Town Council unanimously refused. Mr. Creelman appealed successfully to the Utility and Review Board which found that the refusal of the development agreement was not reasonably consistent with the Municipal Planning Strategy. The Town appealed.
ISSUE: Did the Board err in law or jurisdiction in allowing Mr. Creelman’s appeal?
RESULT: The appeal by the Town was dismissed with costs. The Board asked itself the right question, correctly stated the scope of its review and discharged that review function on the basis of the record before it. While acknowledging that it was not obliged to do so, the Board accepted and acted upon unanswered planning opinion evidence that refusal of the proposed development agreement was not reasonably consistent with the Municipal Planning Strategy. There was no error of law or jurisdiction on the part of the Board.
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