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Application challenging greenhouse lighting by-law dismissed as moot after municipality repealed the underlying by-law.
The applicant greenhouse operator challenged a municipal by-law restricting artificial lighting as interfering with normal farm practices.
Before the hearing, the municipality repealed the challenged by-law and replaced it with a new one.
The municipality brought a motion to dismiss the application as frivolous because the underlying by-law no longer existed.
The Board granted the motion, finding the issues moot and refusing to hear the application, without prejudice to the applicant bringing a new application regarding the replacement by-law.
Motion to dismiss granted; application challenging repealed greenhouse lighting by-law refused as moot and frivolous.
The applicant greenhouse operator brought an application alleging that a municipal by-law restricting greenhouse lighting interfered with normal farm practices.
Before the hearing, the respondent municipality repealed the challenged by-law and replaced it with a new one.
The municipality brought a motion under section 8(1) of the Farming and Food Production Protection Act, 1998 to dismiss the application as frivolous because the underlying by-law no longer existed.
The Board granted the motion, finding the issues moot, and refused to hear the application, without prejudice to the applicant bringing a new application regarding the replacement by-law.
