The appellants appealed a decision dismissing their appeal of the Chief Building Official's refusal to issue a building permit for a single-family home.
The property had been inadvertently rezoned to permit such a home due to a clerical error, which the Town subsequently corrected with an amending by-law.
The Divisional Court dismissed the appeal, holding that the Chief Building Official correctly considered the pending, more restrictive amending by-law as 'applicable law' under the Building Code Act when making her decision, as it would have retroactive effect once appeals were exhausted.
