Tim Oliver

The appellants appealed the engineer's report for the repair and improvement of the McClure Drain under the Drainage Act, challenging the watershed area, the Benefit/Outlet cost splits, the treatment of two culverts, and the allowances provided.

The Tribunal accepted the engineer's methodology for the cost splits and the watershed area, noting it was based on detailed field investigations.

However, the Tribunal agreed with the appellants that the easterly culvert should be classified as an erosion control feature and the westerly culvert as the primary access to the appellant's lands.

The Tribunal ordered the engineer's report to be revised to incorporate these culverts into the drain and adjust the Special Benefit assessment for the westerly culvert accordingly.

The appeal was granted in part.

The appellants appealed the special benefit assessments levied against their properties for the replacement of access bridges and the restoration of their asphalt driveways as part of a municipal drain improvement project.

The Tribunal found that the need to replace the bridges was entirely due to increased flows from upstream residential development that lacked proper stormwater management.

Consequently, the Tribunal granted the appeals, removing the special benefit assessments from the appellants' properties and redistributing the costs to the upstream non-agricultural lands and the municipal road authorities.

The appellant appealed the engineer's report regarding the replacement of a bridge on a municipal drain, arguing that his 50% assessment of the $15,000 cost was excessive and should be reduced to $500.

The Tribunal accepted the engineer's evidence that a 50/50 split between the landowner and upstream lands/roads is a standard and equitable method for assessing bridge replacement costs.

The appeal was dismissed and the assessment in the engineer's report was adopted.