Canmore lawyer wins appeal for court review of controversial rezoning
A lawyer in Canmore has won an appeal to have a court review a decision to rezone part of the Peaks of Grassi section of the Three Sisters Mountain Resort.
The land, which had been set aside as an urban reserve, was one of three parcels protected in 1992 as part of an agreement between the town and the original developer in the area.
Canmore's town council voted earlier this year to rezone the land for development.
Lawyer and area resident Mark Gruman initially brought the matter to court, which continued through to the Alberta Court of Appeal.
This latest decision means he can make several arguments against the rezoning.
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"We're free now to argue all of the grounds that we felt justified the judicial review to quash the bylaw which, under Justice Rawlins' decision, we had been prevented from doing except on one ground."
Gruman says the town council's decision to develop the land was not supported by proper evidence, and that the neighbourhood wants the bylaw set aside and for the town to look at it properly.
"Basically what we're asking the council to do is to make a decision that this land is properly suitable for development, which we say they should be doing before they make a decision as to what's to be built there.
"And we say they basically have made an error, they haven't made a decision whether the lands are properly suitable for development and have jumped to what's to be developed."
The judicial appeal will be held early next month.
