OAFRAAT 2019

Several landowners appealed the Engineer's Report for the repair and improvement of the Young and Hopf-Wagner Drains under the Drainage Act.

The appellants primarily challenged the adequacy of section 30 damage allowances for tree removal and the benefit assessments applied to their properties.

The Tribunal allowed the appeals in part, increasing the damage allowance for one property and reducing the benefit assessment for another based on the Engineer's concessions.

The remaining appeals seeking higher compensation for tree removal were dismissed, as the Tribunal found the Engineer's allowances reasonable and noted the landowners retained the right to harvest the felled trees.

The appellant appealed an engineer's report under the Drainage Act regarding the St. John's Marsh Drain.

The appellant argued that the proposed abandonment of a section of the drain within conservation lands and the installation of a weir would exacerbate flooding on his agricultural lands.

The Tribunal accepted the engineer's recommendation to abandon the unfindable section of the drain within the conservation lands but ordered the removal of the proposed Newbury Weir from the report to prevent further aggravation of the appellant's drainage issues.

Following the dismissal of an appeal regarding the quality of construction of a municipal drain, the respondent Township sought costs on a full indemnity basis.

The Tribunal found that the appellant had engaged in unreasonable conduct by reneging on a settlement agreement reached shortly before the hearing, which necessitated the hearing.

Applying its authority under the Drainage Act and the Statutory Powers Procedure Act, the Tribunal awarded the Township costs of $5,822.89, representing the legal and engineering fees incurred after the appellant resiled from the settlement.