A retired Calgary lawyer helping spearhead court challenges of Calgary’s citywide rezoning bylaw said that he believes it’s a good sign the judge has ordered a hearing on the matter.
Legal challenges have sprung up since Calgary city council approved its citywide rezoning bylaw, and on Monday, Robert Lehodey, one of a group of lawyers and 288 community members, sought a stay of the City’s rezoning bylaw.
Citywide rezoning was one of 98 recommendations to come out of the City of Calgary’s Housing Strategy. It would make R-CG – allowing townhouses, rowhouses and other density – the base land use in most residential areas.
During the public hearing on citywide rezoning, a considerable majority of those who spoke did so against the bylaw change.
“Today, our sole purpose was to try and seek a stay of proceedings, meaning an order prohibiting the city from granting development permits under the new bylaw,” he told LiveWire Calgary late Monday.
He said the City of Calgary’s legal counsel asked for more time on the file and it was granted, but Lehodey said that the judge said it has to come back for a “half-day special” – which means a half-day would be dedicated to hearing the matter, on or Nov. 8.
“It’s quite interesting, because usually when you seek an application for a special it’s usually three or four or five months out. So, we could have been in February or March,” Lehodey said.
“The judge basically said, ‘I agree this is important. I agree that it’s urgent, and I agree it needs to be held or addressed sooner than later.’”
LWC sought a response from the City of Calgary on Monday’s court date.
“We cannot comment on a case before the courts,” a statement from media relations read.
“Once a decision is rendered, we will review any directions we receive from the Court.”
According to a Calgary Herald story, a city lawyer said they needed time to prepare a cross-examination of the other side’s expert and have a rebuttal expert.
The City also advised city councillors to abstain from discussions on the citywide rezoning matter, including a community meeting in Varsity that provided information on restrictive covenants.
What’s next?
Lehodey said that they will have a hearing within the next three weeks. From there, the judge could render a decision on the spot but is likely to review the presentations and the arguments made by each side and deliver a written decision down the road.
He saw Monday’s development as a positive one because they got the hearing. Further, he said a decision on the stay of proceedings could influence – and expedite – another judicial review that’s working its way through the court system.
The judicial review is due to the passing of the citywide rezoning without a plebiscite.
Lehodey thinks it’s in the best interest of citizens, developers and the City of Calgary to have this matter decided earlier rather than later.
“The sooner the better for us. Frankly, the city understands, the sooner the better for them, because it’s conceivable that if the city approves development permits and developers put shovels into the ground, and then we win, and the bylaw amendment is void, the developers have to tear down what they’ve built,” he said.
