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South Okanagan Photos

Lakefront land owner seeks judicial review of re-zoning

zone22Jim and Marion (Midge) Wyse have retained counsel with direction to file a civil claim against the Town of Oliver for a bylaw amendment that allowed the up-zoning of a piece of land (4114 sq. metres) on the east side of Tucelnuit Lake.

James L. Carpick, Barrister & Solicitor of Owen Bird Law Corporation filed the claim Friday in BC Supreme court seeking to quash the Town Bylaw 1350.02 that rezoned land at 7034 Tucelnuit Drive October 14th.

(Supreme File VLC-S-S-148613)

The Wyse’s are seeking a court order to invalidate the bylaw enacted by Town Council after two public hearings. The controversial bylaw allowed the land to be used for duplex development. Council was split on the issue and a tie was broken by the Mayor’s vote.

Most likely take a year to get to court for a trial.

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Previously on ODN

Zoning Amendment Bylaw 1350.02; 7034 Tuc-el-Nuit Drive. October 14th

After considering all the presentations made at this afternoon’s Public Hearing and the Public Hearing held August 25th, Council voted two for and two against approving Mr. Michael Megale request for an amendment. The Mayor is obliged to break a ‘tie’ vote; he voted in favor of approving the Bylaw to rezone therefor allowing duplexes.