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Court upholds decision on denying Roses a permit to build Stephenville home

WS-xx-05012017-court
WS-xx-05012017-court

A Supreme Court judgment has upheld the Town of Stephenville and the West Newfoundland Regional Appeal Board’s decision in denying a permit application to Joanne and Tom Rose.

The decision came Wednesday and is outlined in a 23-page report on the issue by Justice Donald H. Burrage of the Supreme Court of Newfoundland and Labrador Trial Division.

In addition to siding with the town and the appeal board on the denial, the court found there was no discrimination against the Roses by the town.

The issue related to an application by the Roses made in July 2015 to build a single-family home on Hillier Avenue (also known as Roses Farm Road).

RECENT:

'Family claims Stephenville council in violation of its own regulations'    

In August 2015, the town denied the Roses’ permit application on the grounds that the town’s municipal plan required the property to be connected to municipal sewer and water, with such services not available on Hillier Avenue.

The Roses appealed the decision to the West Newfoundland Regional Appeal Board and in October 2015, following a hearing, the board rejected the Roses’ appeal and upheld the town’s permit refusal.

With the appeal of that decision dismissed, the court also ordered that each party bear their own costs.

Tom Rose is now a member of Stephenville Town Council.

 

fgale@thewesternstar.com

Twitter: @WS_FrankGale

The decision came Wednesday and is outlined in a 23-page report on the issue by Justice Donald H. Burrage of the Supreme Court of Newfoundland and Labrador Trial Division.

In addition to siding with the town and the appeal board on the denial, the court found there was no discrimination against the Roses by the town.

The issue related to an application by the Roses made in July 2015 to build a single-family home on Hillier Avenue (also known as Roses Farm Road).

RECENT:

'Family claims Stephenville council in violation of its own regulations'    

In August 2015, the town denied the Roses’ permit application on the grounds that the town’s municipal plan required the property to be connected to municipal sewer and water, with such services not available on Hillier Avenue.

The Roses appealed the decision to the West Newfoundland Regional Appeal Board and in October 2015, following a hearing, the board rejected the Roses’ appeal and upheld the town’s permit refusal.

With the appeal of that decision dismissed, the court also ordered that each party bear their own costs.

Tom Rose is now a member of Stephenville Town Council.

 

fgale@thewesternstar.com

Twitter: @WS_FrankGale

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