Court of Appeal

Decision Information

Grove v. Chester (Municipality)

Court Court of Appeal
Date 2003-01-14
Citation 2003 NSCA 4
Docket CA 181794
Judge/Registrar/Adjudicator Saunders, Jamie W. S. (Honourable Justice) (CA); Hamilton, M. Jill (Honourable Justice); Roscoe, Elizabeth A. (Honourable Justice) (CA)
Document Type Library Sheet
Relations Decision - Grove v. Chester (Municipality) - 2003 NSCA 4 - 2003-01-14 - Decision

Decision Content

                                NOVA SCOTIA COURT OF APPEAL

                     Citation: Grove v. Chester (Municipality) 2003 NSCA 4

 

 

                                                                                                     Date: 20030114

                                                                                               Docket: CA 181794

                                                                                                   Registry:  Halifax

 

 

Between:

                               James H. Grove, Jr., Nancy H. Grove, and

                                                 Jonathan S. Grove

                                                                                                              Appellants

                                                             v.

 

                               The Municipality of the District of Chester,

                     Geoff MacDonald, Development Officer for Chester, and

                             Bill Plaskett, Development Officer for Chester

 

                                                                                                          Respondents

 

 

JUDGE:                          Roscoe, J.A.

 

APPEAL HEARD:         November 14, 2002        

 

SUBJECT:            Land use planning - application to quash building permit

 

SUMMARY:         The appellants had claimed that three aspects of their neighbour’s house plans violated the land use by-law: the deck infringed into the side yard set-back, the eaves intruded into the side yard set-back and the roof of a turret exceeded the maximum height restriction. Their application for certiorari to quash a building permit was dismissed by a Supreme Court judge who found that the development officers’ decisions were not patently unreasonable.

 

ISSUE:                  Did the Chambers judge err in law?

 

RESULT:              Appeal dismissed. No error of law. The Chambers judge properly applied the applicable standard of review. The development officers’ decisions could not be said to be patently unreasonable.

 

 

 

 

 

 

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