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Posted on: December 11, 2018

Council commits to neutral position as Paradise Shores seeks permission to appeal

County of Stettler Council had a very difficult decision to make Monday, December 10, at a Special Meeting called by Reeve Larry Clarke. Council was faced with the question of whether they should send legal counsel to represent the County of Stettler Development Authority at the hearing seeking permission to appeal and/or if they should send legal counsel to represent the Subdivision Development and Appeal Board at the hearing. Ultimately, representing two different views.

At the conclusion of the Special Meeting, County Council voted unanimously to decline to participate in the hearing, on behalf of either the Development Authority or the Subdivision and Development Appeal Board.

“We continue to trust this process. For our County to invest further financially in the outcome of this process which is now in the hands of the Court of Appeal, would not be a fiscally responsible decision on our ratepayers behalf,” explained Reeve Clarke. “Furthermore, for this Council to send representation on behalf of either the Development Authority or the SDAB would be a contradiction of our beliefs in the system.”

The County of Stettler will provide the Court with any information they require to evaluate the decision that the Subdivision and Development Appeal Board made, including the record of proceedings.

Yvette Cassidy, Chief Administrative Officer for the County of Stettler commented, “We are confident with the decision rendered by our SDAB. Now it is up to the Court of Appeal to determine if the process and decision made by the SDAB was done so properly. We feel strongly, it is in the County of Stettler’s best interest to remain neutral and will trust the Court of Appeal process to commence. It will be up to the Court to determine whether the SDAB body made a legal error that affected the outcome of this case. There is nothing we feel we could add further to this determination, that isn’t laid out already in the very thorough and well-written decision provided to us by the SDAB.”

In a decision released in November, the Subdivision Development Appeal Board substantially reduced the density for Paradise Shores Development Permit 18001 on NE 20-40-20 W4M on the south shore of Buffalo Lake. On November 30, the County was served notice that Paradise Shores was seeking permission to appeal the SDAB’s decision. A hearing is scheduled for December 19, 2018 to determine if an appeal will be heard by Alberta’s Court of Appeal.

A complete copy of the SDAB’s decision and the application for permission to appeal is available on our website.

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