2 total
Non-appellant sheltering party cannot dictate the scope of appeals; unappealed OPA portions declared in force.
The Town of LaSalle brought a motion for directions to declare unappealed portions of Official Plan Amendment No. 2 (Howard Bouffard Secondary Plan) in force and effect.
The appellants had agreed to scope their appeals on a site-specific or area-specific basis.
Sorge Enterprises Inc., a non-appellant party sheltering under the appellants' issues, opposed the motion, arguing that the appeals should not be scoped and the broader Environmental Protection Designation should remain under appeal for all lands.
The Tribunal granted the Town's motion, finding that a non-appellant sheltering party has no right to craft issues or dictate the scope of appeals, which is the prerogative of the actual appellants.
The unappealed portions of the OPA were declared in force and effect.
Motion to validate late appeal denied; Tribunal lacks jurisdiction to extend statutory appeal period.
At a Case Management Conference regarding appeals of an Official Plan Amendment, Sorge Enterprises Inc. brought a motion seeking to invalidate the County's Notice of Decision and to be added as an appellant despite filing its appeal out of time.
Sorge argued the Notice was deficient for failing to explicitly list registered owners as having appeal rights.
The Tribunal found the Notice of Decision met all prescribed regulatory requirements and was valid.
Consequently, Sorge's appeal was out of time, and the Tribunal held it lacked jurisdiction to extend the statutory appeal period.
Sorge's request to be added as an appellant was denied, but it was granted non-appellant party status on consent.
