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Judge dismisses Bay Beach appeal

The Bay Beach condominium project cleared another legal hurdle when a superior court justice today dismissed the appeal of the Ontario Municipal Board decision.

Justice B. Hambly wrote in his decision, “the (OMB) decision raises no issue of law on which the Divisional Court could conceivably find that the board’s decision is unreasonable.”

The Fort Erie Waterfront Preservation Association sought to appeal the OMB decision through the court.

A second legal challenge remains in which seven plaintiffs claim the agreement with the Molinaro Group is beyond the town’s power to make and contravenes the Municipal Act.

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  1. millsy22 | Sep 13, 2011 | Reply

    If I recall, this is exactly what the town solicitor said was going to happen. Seems she was right again.

    Maybe if some people started listening to Mrs. Salter and our Town could save some money, instead of seeking costly second opinions that end up echoing what our solicitor said the first time around.

    I think it’s time certain members of staff and council stop constantly discounting what she says (and hopefully this isn’t done because she’s a woman) and realise that were are extremely fortunate to have an intelligent and astute solicitor IN HOUSE!

  2. Lesley North | Sep 13, 2011 | Reply

    It is a great day for Fort Erie. So many people worked so hard including our town lawyer. The light at the end of the tunnel is finally in sight.

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