The applicant property owner brought an application to quash a municipal by-law that commenced expropriation proceedings for its land.
The municipality passed the by-law to implement a downtown redevelopment plan that did not yet conform to its official plan.
The applicant argued the by-law violated s. 24(1) of the Planning Act.
The court dismissed the application, finding that s. 24(3) of the Planning Act permits a municipality to pass by-laws to take preliminary steps, such as seeking approval and giving notice of expropriation, before an official plan is amended.
