The applicant greenhouse operator brought an application alleging that a municipal by-law restricting greenhouse lighting interfered with normal farm practices.
Before the hearing, the respondent municipality repealed the challenged by-law and replaced it with a new one.
The municipality brought a motion under section 8(1) of the Farming and Food Production Protection Act, 1998 to dismiss the application as frivolous because the underlying by-law no longer existed.
The Board granted the motion, finding the issues moot, and refused to hear the application, without prejudice to the applicant bringing a new application regarding the replacement by-law.
