Scharger Drain (Re), 1995 ONAFRAAT 16

ONTARIO DRAINAGE TRIBUNAL

APPEAL:

SCHARGER DRAIN (RE)
Township of Sophiasburgh
Nelson Scharger

SCHARGER DRAIN (RE), 1995 ONAFRAAT 16

STATUTE:

Drainage Act

HEARING:

May 9, 1995

DATE OF DECISION:

July 11, 1995

NEUTRAL CITATION:

1995 ONAFRAAT 16

TOWNSHIP OF SOPHIASBURGH

SCHARGER DRAIN

IN THE MATTER OF:

An Appeal of Nelson Scharger from the Decision of the Council of the Corporation of the Township of Sophiasburgh - not to proceed with the drainage works; in the County of Prince Edward.

DECISION

This Appeal came before the Ontario Drainage Tribunal on May 9, 1995, at the Township of Sophiasburgh Council Chambers, Broadway Street, Demorestville, Ontario.

All owners with a potential interest were served with a Notice of Hearing, as evidenced by the Affidavit of Service filed, and invited to make representations.

At that time there appeared before the Tribunal, Jack H. Ward, Barrister and Solicitor, as Counsel for the Township of Sophiasburgh; the Appellant, Nelson Scharger and interested owners.

The Clerk of the Township of Sophiasburgh, Gordon Way, acted as Clerk of the Tribunal.

In the interval granted to the parties by the Tribunal, the parties have settled all issues in appeal.

On hearing the evidence, the submissions and reading the Agreement and all other materials filed:

1. IT IS ORDERED THAT

the Appeal of Nelson Scharger be dismissed.

2. IT IS ORDERED THAT

there be no Order as to costs and all parties are responsible for their own costs.

Attention is drawn to s. 73 of the Drainage Act, R.S.O. 1990, c. D.17.

Dated: July 11, 1995.

Bernard J. Goodal, Chairperson