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www.oakvillebeaver.com The Oakville Beaver Weekend, Saturday November 18, 2006 - 9 Province and Region ordered to pay costs of gravel pit hearing By Melanie Hennessey OAKVILLE BEAVER STAFF The Province and Region have been ordered to pay a local gravel pit more than $600,000 to cover the costs of an Ontario Municipal Board (OMB) hearing the board says "should never have taken place." The recent decision heavily criticizes the Ministry of Natural Resources (MNR) for pursuing the case against Campbellville Sand and Gravel Supply in a "frivolous and vexatious" manner. The hearing stemmed from an MNR proposal to amend the pit's site plans to stop any further extraction and prohibit the pit from being filled with off-site material, thus protecting the town's water supply. Angelo Guerrieri, owner of the exhausted pit located on Campbellville Road, appealed the proposal to the OMB but unfortunately passed away before the matter was resolved. The decision states that "both the MNR and Region acted egregiously in the conduct of these proceedings, causing completely unnecessary costs to be incurred by the licensee in defending the case." It goes on to say, "It is the decision of the board that the MNR in particular initiated these proceedings for frivolous reasons, pursued the matter in a vexatious manner and in every respect acted unreasonably in advancing the proceedings." Now the MNR has been ordered to pay almost $500,000 and the Region, $166,000 to cover the gravel pit's legal fees -- a decision the pair are looking to appeal to the Ontario Division Court, along with the merits of the verdict. "Obviously we're disappointed with the result," said Halton solicitor Stan Floras. One of the main concerns that was raised regarding the pit was the effect potentially contaminated fill being brought into the site could have on ground water, since it's located within a sensitive ground water recharge area that provides water to the Kelso municipal wells. Guerrieri previously said on several occasions that any notion of ground water contamination isn't true. While the Region and MNR argued the best way to protect the groundwater aquifer is by prohibiting any importation of fill, Campbellville See OMB page 15 FALL INTO GREAT SAVINGS AT · C A R P E T · O R I E N TA L R U G S · V I N Y L · H A R D W O O D · C E R A M I C S · C A R P E T · C E R A M I C S · C A R P E T · O R I E N TA L R U G S · V I N Y L · H A R D W O O D · C E R A M I C S · C A R P E T · O R I E N TA L R U G S C C E R A M I C S · C A R P E T · O R I E N T A L R U G S · E R A M I C S · C A R P E T · O R I E N TA L R U G S · V I N Y L · H A R D W O O D DON'T PAY TIL' JUNE/2007 CARPET In-Stock Colours Only THICK BERBER only $1.99/sq. ft.* LUXURIOUS NYLON TWIST only $2.99/sq. ft.* Installation and Underpad INCLUDED HARDWOOD 3/4" Select Oak only $5.49/sq. ft.* 8mm Lifetime Warr only $2.49/sq. ft.* LAMINATE 20% OFF Sale Prices! 1/2 Price! VINYL EE GUARANT TI C SELE *Sale applies to in-stock colours only. Offer good at following locations only. Outlet Store - Trafalgar Village Huge Super Store - 228 King St. E. Across from The New Home Depot · (905) 849-4472 Downtown Hamilton · (905) 546-1921 · C A R P E T · O R I E N TA L R U G S · V I N Y L · H A R D W O O D · C E R A M I C S · C A R P E T · O N BE ST Discontinued Pattern CERAMICS 4 SALE ALL In-Stock HANDMADE RUGS · PERSIAN · INDIAN · CHINESE · WOOL/SILK Additional 50% Off 40-70% 5'x7' starting at $ 00 RUGS SAVE · DESIGNER RUGS · BELGIN WOOL RUGS · BERBERS D AREA 39