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COURT RULES MUNICIPAL BY-LAWS FRUSTRATE REA

On August 14, 2014, in East Durham Wind, Inc. v. The Municipality of West Grey, 2014 ONSC 4669 (“East Durham”), Ontario’s Divisional Court found that the Municipality of West Grey’s entrance permit policy and oversize/overweight vehicle by-law (collectively referred to as “permitting by-laws”) frustrated, pursuant to section 14(2) of the Municipal Act, S.O. 2001, c.15 (“Municipal Act”), the purpose of East Durham Wind, Inc.’s Renewable Energy Approval (“REA”) issued for the construction of a 14 turbine wind farm. As a result, the Court ruled that the permitting by-laws must be held inoperable to the extent of their conflict with the REA pursuant to section 14(2) of the Municipal Act, S.O. 2001, c.15 (“Municipal Act”). More…