The developer and the municipality brought a motion to quash an application for judicial review of a Draft Plan of Subdivision Approval.
They argued the court lacked jurisdiction due to the statutory appeal scheme and that the applicant lacked public interest standing.
The court dismissed the motion to quash, finding it was not plain and obvious that jurisdiction was ousted or that standing should be denied.
The court also partially granted a motion to strike portions of the applicant's affidavit, striking two expert reports but allowing correspondence and video evidence to proceed to the panel.
