The prosecution alleged that the defendant parked a trailer on a vacant lot, erected a cabin before establishing a permitted primary use, and placed that cabin within the minimum water setback contrary to municipal zoning requirements.
After denying an adjournment request by the self-represented defendant, the court qualified a municipal planning official as an expert under Mohan and accepted her opinion that the cabin was an impermissible standalone accessory use and was sited within the restricted setback.
Applying the W.(D.) framework, the court found the defendant's evidence did not raise a reasonable doubt and rejected mistake-of-law style explanations.
Count 4 respecting road access was dismissed for failure to establish a prima facia case, but counts 1 to 3 were proven beyond a reasonable doubt.
