Andy McBride

The applicant municipality applied under s. 76(1) of the Drainage Act for permission to procure an engineer's report to vary the assessment for a municipal drain.

The tribunal found that conditions had changed, including new storm drainage infrastructure bringing unassessed lands into the watershed, extensive cleanout activities, and land use changes.

The respondent municipality consented to the application, and no assessed persons objected.

The tribunal granted permission to procure the report.

Several landowners appealed the Engineer's Report for the Filsinger Municipal Drain under sections 48 and 54 of the Drainage Act.

The appellants challenged the inclusion of certain lands in the watershed, the scope and cost of the proposed drainage work, the right-of-way allowances, and the assessment calculations.

The Tribunal dismissed the section 48 appeals regarding the watershed and drainage work, finding the existing drain was in poor condition and the proposed improvements were necessary.

The Tribunal allowed one appellant's appeal in part, increasing his right-of-way allowance based on a higher land value.

The Tribunal also allowed the section 54 appeals in part, adjusting the maintenance assessments for the upstream reach of the closed drain, but otherwise upheld the engineer's assessment calculations.

Several landowners appealed the Engineer's Report for the Filsinger Municipal Drain under sections 48 and 54 of the Drainage Act.

The appellants challenged the inclusion of certain lands in the watershed, the scope and cost of the proposed drainage work, the right-of-way allowances, and the assessment calculations.

The Tribunal dismissed the section 48 appeals regarding the watershed and drainage work, finding the existing drain was in poor condition and the proposed work was necessary.

The Tribunal allowed Tyson Kraemer's section 48 appeal in part, increasing his right-of-way allowance.

The Tribunal also allowed the section 54 appeals in part, adjusting the maintenance assessments for the upstream reach of the closed drain, but otherwise accepted the Engineer's assessment calculations.

The appellants brought an appeal under the Drainage Act regarding the quality of construction of a municipal drain.

The Tribunal previously dismissed the appeal as devoid of merit.

In this costs decision, the Tribunal ordered the appellants to pay the respondent municipality's costs of $49,536.80.

The Tribunal found the appeal was frivolous, pursued without reliable evidence, and improperly delved into issues outside the Tribunal's jurisdiction despite preliminary rulings.

The Tribunal denied costs to the other landowners who attended the hearing.