Achi news desk-
Two Calgarians have filed for judicial review of the city council’s decision to waive a plebiscite regarding the proposed general rezoning bylaw, Global News has confirmed.
According to court documents filed in the Court of King’s Bench on Friday, Calgary residents Roberty Lehodey and Wesley Twiss are seeking a judicial review after a motion to hold a plebiscite on the proposed citywide rezoning that will allow for more intensity was defeated in March. A public hearing will be held instead and is expected to begin on Monday, April 22.
So far, more than 650 people have registered to speak at the public hearing which is expected to last several days.
Richard Harrison, a lawyer representing Twiss and Lehodey, confirmed that an application had been filed.
Lehodey and Twiss argued that by defeating the motion, the council had failed to comply with part 17 of the Municipal Governance Act (MGA), which outlines a municipality’s responsibility to achieve orderly and beneficial development and land use without infringing on rights individuals for any public. interest unless that is necessary in the general public interest.
Lehodey and Twiss also argued that the council had failed to comply with section 692 of the MGA, which says the council must hold a public hearing before it can give a second reading to proposed bylaws on inter-urban development plans. municipal, urban development plans, area structure plans, area redevelopment plans, land use by-laws or amendments to the above plans and land use by-laws.
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Both candidates are asking the Court of King’s Bench to allow a judicial review of the plebiscite and declare that the decision not to hold a plebiscite is “procedurally and substantively invalid.”
A spokesperson for the City of Calgary told Global News in an emailed statement that it does not respond to matters before the courts.
“By not holding a plebiscite, it removes the rights of property owners to make comments, file objections and be heard when development that would be inconsistent with existing zoning in a particular area goes before the planning department re- zoning,” Lehodey told Global News on Friday.
“Once this rezoning goes through, a developer can buy my neighbor’s property, put a fourplex or an eightplex on it, and I don’t have the ability to oppose that.”
Lehodey said he is frustrated because many homeowners buy homes in a certain neighborhood because of a certain set of rules and restrictions, and he claims the council is taking away his right to voice his opinion.
He said residents in C1 and C2 zone areas represented 61 percent of all housing units in the city. He also said the plebiscite will survey more than 1 million Calgary residents, instead of a public hearing with only 650 registered speakers and thousands of written submissions.
“A city council was elected to enforce and uphold the rights of property owners, and they are not elected to unilaterally take them away. In fact, that’s what this superdomain will do,” he added.
“Community residents who are affected by these types of developments will no longer have a forum to make their comments, to the planning department.
“The judicial review is a tool to get an independent body, namely the courts, to look at the actions of the city council and decide whether the council acted appropriately or not by deciding not to hold a plebiscite and thereby removing the rights of individual property owners in our organization. C1 and C2 communities that will be affected by this super-zoning.”
& copy 2024 Global News, a division of Corus Entertainment Inc.
