BYLAWS AND RESOLUTIONS - Enactment of bylaws - When in effect

Law360 Canada (December 19, 2022, 9:06 AM EST) -- Petition by Onni Wyndansea Holdings Ltd. (Onni) for an order quashing the Bylaws adopted by the District of Ucluelet (District). If Onni was successful, it sought an order of mandamus compelling the issuance of the 29 building permits Henderson denied, or alternatively an order remitting the permits for reconsideration. Onni was a British Columbia company and the owner of several large parcels of land located in Ucluelet. Onni intended to develop residential and commercial vacation properties in the Subdivision. The District adopted two bylaws which had the effect of limiting the development permitted in the Subdivision. Further to the adoption of the Bylaws, the respondent Henderson, Building Official for the District, denied 29 building permit applications which had been submitted by Onni while the Bylaws were under preparation. The District opposed the petition and argued that the facts did not support a finding that it acted unreasonably, for an improper purpose, or in bad faith in its adoption of the Bylaws. It said that rather, its municipal council (Council), was faced with an imminent land development it did not support and it reasonably acted accordingly. Further, the District said that Onni's lawful non-conforming use argument was unsupported by the facts....
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