The appellants appealed an engineer's report proposing the construction of a new municipal drainage system to divert flood water from the Town of Exeter.
The proposed drain would be located on the appellants' agricultural lands and was designed to an unusually high 100-year storm standard.
The Tribunal found multiple instances of non-compliance with the Drainage Act during the administrative process.
Furthermore, the Tribunal concluded that the benefits of the proposed works were not commensurate with the estimated costs due to the excessive design standard.
The Tribunal rejected the appellants' argument that the Planning Act prevailed over the Drainage Act, but ultimately granted the appeal and set aside the engineer's report.
