| Court ruling limits cities' zoning authority London Free Press December 15th ,2000 OTTAWA -- British Columbia municipalities don't have the power to make zoning changesthat bind future councils, Canada's highest court has ruled in a case that could affectcommunities across the country. The court said yesterday in a 4-3 judgment that a West Coast developer can't sue the City of Victoria for a zoning change that downgraded a waterfront project. Under provincial law, B.C. municipal councils can't engrave zoning changes in legal stone,wrote Judge Louis LeBel. Municipalities governed by similar provincial laws across Canada are affected by thedecision. Pacific National Investments Ltd. stood to make about $6 million from the construction oftwo, three-storey buildings on Victoria Inner Harbour, said John Alexander, the company'slawyer. Noisy public protest prompted the city council in August 1993 to rezone the property anddowngrade the development, which had been approved by a former council. Alexander said the development deal relied on the previous zoning and an understanding it would not be changed in future. Yesterday's ruling will chill other developments, he predicted. |