The appellant appealed an OMB decision regarding an application by the respondent.
After leave to appeal was partially granted, the lake in question was reclassified as under threshold, rendering the appeal moot.
The respondent subsequently withdrew her application before the OMB.
The parties sought costs for the leave motion, perfection of the appeal, and the appearance.
The Divisional Court ordered no costs, finding that the appeal became moot through external circumstances and no fault of the respondents.
