Appeals of a municipal drainage report partially allowed to increase a right-of-way allowance and adjust maintenance assessments.
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.
Goetz v. Municipality of South Bruce, 2019 ONAFRAAT 20
