The municipality sought a permanent injunction to enforce its zoning by-law against industrial uses occurring within setback areas adjacent to residential zoning.
The respondent resisted the application by relying on legal non-conforming use protection under s. 34(9) of the Planning Act for storage trailer boxes and a driveway that pre-dated the relevant zoning amendments.
The court found the evidence established continuous prior lawful use of both the storage area and driveway, and further found that any increased use did not amount to a change in kind or create undue additional impacts.
The application for injunctive relief was dismissed.
