The appellant operates a licensed cannabis micro-cultivation facility on agriculturally zoned land.
The respondent municipality took the position that the zoning by-law prohibited this use, prompting the appellant to seek a rezoning amendment and a declaration from the Normal Farm Practices Protection Board.
The appellant subsequently brought a Superior Court application for a declaration that the by-law did not prohibit his use.
The application judge adjourned the matter, finding it premature and potentially moot pending the administrative proceedings.
The Divisional Court allowed the appeal, holding that the administrative bodies lacked jurisdiction to interpret the by-law.
Exercising its discretion to decide the application, the Court held that the by-law's prohibition of a 'Medical Marihuana Production Facility' did not apply to the appellant's micro-cultivation facility.