The appellant snowmobile club appealed the refusal of a development permit to install a culvert for a snowmobile trail.
A party to the proceeding brought a motion to dismiss the appeal, arguing the issue of whether the trail was an 'existing use' had already been decided by the tribunal in 2006.
The tribunal applied the doctrine of issue estoppel, finding that the parties and issues were identical to the previous proceeding and that the appellant could not re-litigate the matter with evidence that could have been raised earlier.
The motion was granted and the appeal was dismissed.
