The City of Niagara Falls brought a motion to dismiss two appeals of a Zoning By-law Amendment (ZBA) intended to implement the Transit Station Secondary Plan.
One appellant brought a cross-motion to dismiss the City's motion, alleging perjury by a City planner.
The Tribunal dismissed the cross-motion as being outside its jurisdiction and advanced for delay.
The Tribunal granted the City's motion and dismissed both appeals without a hearing under s. 34(25) of the Planning Act, finding that neither appeal raised genuine land use planning grounds, both were based on personal apprehensions rather than expert evidence, and neither had a reasonable prospect of success.