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mae RE | reg Gg T & re Re ETA Shh Ls wh Is 8 b 8 A Cb Judgement is reserved in Shanly Street case by Rob Streich The Shanly Street Road Al- lowance is closed and develop- ment in that area is not desired, was the opinion presented by representatives of Scugog Township at the Supreme Court of Ontario. The first of several cases involving the Fletcher and Tes- luk office building on Shanly street went before the court in Whitby last week. The Township put several expert witnesses and long time residents of Port Perry on the stand to strengthen their re- quest for a permanent injunc- tion against placing their law office building on a lot beside the unopene road allowance. Following three days of evidence and half a day of final arguments, Madame Justice Bowland chose to reserve her judgement until she has had more time to review the com- plex Planning issues raised in this case. Scugog Township put for- ward this action, seeking a per- manent injunction against de- velopment on that site known aslot 195 in the Official Plan. Solicitor David Sims pre- sented the case on the behalf of the Township. His arguments 'for the injunction were based upon the power of the Corpora- tion of the Municipality of Scu- gog Township to enforce deci- sions laid down in the Official Plan. Counsel for the Defen- dants, Mr. Spence Stewart pre- sented an argument based upon planning matters, largely relying on documentation which showed Shanly Street to be considered a proper street. What has gone on before The case arose out of the events which occurred over two years ago. Mr. Fletcher and Tesluk had arranged with the IGA to purchase the building on the edge of their property in the fall of 1986. They occupied the building and proceeded to practice law from that location while trying to find a lot to move it to. Be- cause of the arrangement made with the IGA and their con- struction needs, the building was slated to be moved by mid May. Early May, an agreement Shanly Street - was reached with Mr. Tripp to lease a piece of property on the Shanly Street Road Allowance. The lease was signed and the building was moved on the long weekend. The difficulty arose when the ground was being levelled and the building was being placed at its final rest. An offi- cial from the Township came over and explained that with- out a building permit, they could not continue what they were doing. The work was finished and the permit was applied for and turned down. The Township applied for 'an injunction against the use of that lot for a commercial operation. Tesluk and Fletcher filed a suit against the Township, a local citizen and a local business seeking damages. Final Arguments The final argument for the Municipality consisted of as- serting that the defendant needed a building permit to move the building. The Township has the power and right to determine whether a permit should be is- sued or not. The zoning by-law is explicit in its requirement and its authority. Shanly has never been ac- cepted or assumed by the mu- nicipality. It is unopened and unmaintained, with no need for the municipality to open or ser- vice it. Counsel for the Defen- dants maintained that the planning process involved amounted to allowing the Road Superintendent to decide on the zoning of land. "The con- duct of the Township is une- fisivecably arbitrary," said Mr. tewart. He argued that the confus- ing Official Plan map is open to several interpretations. The Townships' own actions in pro- viding some servicing of Shan- ly Street is confirmation of their acceptance that it is an open road, not just a parking ot. "A street is a street," ex- lained Stewart, if it has not en closed by act of council through a by-law. The judgement is expected sometime early in the fall. If Madame Justice Bowland finds in favour of the Petitioners, she has the power to impose a per- manent injunction on placing that building on lot 195. Poten- tially, she may decide tohaveit removed by order of court. If her decision favours the Defendants, the injunction will be struck down and the Town- ship may be obliged to issue them a building permit. Free courses for local businesses Enhance your employees' ac- counting skills with the microcomputer through a free course offered at Durham College Management Centre by the Com- munity Industrial Training Com- mittee (CITC). The Bedford Accounting Package runs from June 5 to 22, Mondays to Thursdays from 1:00 p.m. to 4:00 p.m. at the Durham College, Oshawa campus. The program introduces the in- dividual to the Bedford Com- puterized accounting/bookkeep- ing package as well as the pro- cedures required for error correc- tion in Bedford Accounting. 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