The applicant sought an injunction to restrain the respondents from operating a parking lot, alleging a violation of a zoning by-law.
The respondents claimed a valid appeal against the Citywide By-law with the Local Planning Appeal Tribunal, which would allow them to continue operating under the previous zoning.
The court found that the validity of the appeal and the respondents' standing were matters within the exclusive jurisdiction of the Local Planning Appeal Tribunal, not the Superior Court.
Consequently, the court declined to grant the injunction and adjourned the application sine die, allowing the applicant to pursue remedies before the Tribunal.
