HomeMy WebLinkAboutThe Lucknow Sentinel, 1998-06-03, Page 1VOL. 12.5 WIC 2Z
a
WEDNESDAY, JUNE
�rierso�z vs West 4�awarzash
ge fo;vor
Of the plaintif
by Pat Livingston.
An Ontario court justice has found in
favor of Beverley and Peter Grierson in
their suit against the Township of West
Wawanosh. " : •
The Griersons sought to have the.
township improve and maintain the..
sideroadnorth of Concession 6 between
Lots 2 l find 2g that provides access to
their property; They also. asked for- dam-
ages incurred. as, a result of the town-
ship's alleged failure to perform the
required maintenance on, the" road,. puni-
tive damages, interest and costs.
In his 53 -page decision dated. May
20, Mr. Justice C.S. Glithero declared
that: •
I. the blind side road, from Concession
road' 6-7 to' the southeast corner of the.
plaintiff's property', is an opened public
highway, that it.hasbeen assumed.by the
defendant, and that the defendant is
statutorily required 'to maintain it;
2, damages for the loss of use of the.
road, damage to the van, and. to .the
Argo, totalling.$21,384,02;
3•. pre -judgement and post judgment
interest; and
4. costson a: solicitor+client scale.
It took eight days in March anddApril-
to hear evidence on behalf of both par-
ties. . .
"Needless` to say, we are pleased,"
said'-'Mrs.,.,Grierson on Monde ... "Thus.
has been'going on for oven sixyears
since the township actually passed the
zoning bylaw that made our house: a
non -conforming Use back a no -winter
maintenance road." Mrs. Grierson said if
anyone" has been bade the road; that will
tell the. tale of why they were forced to
sue the township, •
• "We "hope the.township will honor the
decision and: things will proceed and we
will: have a road;" said Mrs, Grierson. "I
think that going through all this has been
a trial and a very tough time, but maybe
we've all learned a lesson from it There
are certain things Ave have to do,
whether we like it or not,"
Township council was disappointed
in the judge's decision saying in a news
release that the decision '".. will result in
significant hardship to the local ratepay-
ers,"
"Part of the problem with these
costs," said Reeve Douglas Miller, "is
that it's on top of allthese other changes;
that havetaken place. We're having
great difficulty in dealing with them, let
alone putting this on top:"
Due ,to changes in Binding from ,the
province, no provincial -funds will be
available to assist with the cost of
upgrading .the road to a suitable.stan-
dard. The news release says the cost will
be raised as part of the local tax base.
"We were allvery disappointed in
that it was a complex 'case and the Wit -
oases had different, view of how :things.
were done in the Past if things dere
charged for or they, weren't; if they were.
services orthey weren't. We are very
disappointed that the judge tended to
believe the witnesses for- the plaintiff
rather than' ourselves," said Miller last
week. .
At this point, •Miller said, they don't
know haw much the total judgement
will cost., therm.• There's the cost of
improving the road, the damages' plus'
interest, as well as the Griersons' and the
township's legal ices, •
Miller said council will be meeting;
with their solicitor in the near future to'.
talk about the judgement and the costs.
Miller said council has not decided
whether to appeal'. the judgement, an
exercise that must be done within 30
days of the date of judgement.
r +
Side.
ts wee
• Storm pictures-:
•. Guiding Association
• Bike-a-thon
+ Greenway revamp
Basketball winner
Optimist doings"
998
r rrtm ,7771-7 P77.11,1!
4554 wawa • .';F',e
Thi$ bi rn.'n the fernt,0t.,11rri and Tracey Van Ouch, In AshtleId Township
11.1400000,4011ere dtimaae in: last Sunday morning'+ stoutn. •
Storm rips through area
by Pat Livingston
Severe thunderstorms,
with high winds,4whipped
throughthe area about
'7`30 a,m, Sunday morning
as a system from
Michigancrossed Lake
Huron. Tornadowarnings
were issued. The storm
left a path of wreckage in
certain areas, and: caused
power failures. On
Monday, swine, plaees in
our readership area were
still without hydro.
For nine-year-old T.J.
Irwin, it was a:birthday
• he'll always remember.
'T.J. , ,along with his five-
year-old brother, Braden,
and three friends' were
enjoying a sleep ;over'on
Saturday night to celebrate
his birthday. The boys rose
early on. Sunday Morning
and were just in the house.
for a short tine when the
stortn,went: through carry-
ing: the hard top trailer
front the back lawn to the
yard area where it landed
upside down with all
wheeis.in. the air. A large Guiehelaar",-farm, just
top off a tree,. close to north east of the Gibson
'where the trailer was sit- property; a silo was moved
ting;- was broke off in the one, foot off its foundation.
wind. It.pulled down a Mrs. Guichelaar said on
hydro wire. Monday, the silo; will have
One of the boys to be derm"olished, A shed
remarked to T:J.'s parents, door was blown in and the
Jamie and Marlene, that.. east side of the that shed is
"It pays to.get up early'." caved. tine of two trees
Thelrwinsagreed,. ' ripped out of, the ground
At the farm of Jim .and. 'landed partially in the
Eleanor Gibson, west of . swtmtn,ing pool :damaging_
Lucknow, on the south..' the -liner.'
side' ofCounty.Road 86, The ham oin the farM of
in Ashfield Township,`.evi- Jim and Tracey Van Osett
dee of thowas severely damaged in
wasucstrewn about.estrng winds the .storm. Most, of the roof''
A hp -y wooden iand one ,missing:
set, thateawas sitting beside Whetsside theyis saw stceel
the, Grbs�; Janeway,-swwasng flying, across the field,.
picked up and carried : they family headed for 'the :
across the;• highway' into a basement.
field. Their son, three year
ut two-thirds of old Tyson,
southAboside; of the barn roofthe "lVlarnmy picwaskeditine up
was blown, off,' vvith" $ame and we went to "the base
°t.'
f it •wrapped around trees dreie,Tyson said. My,
at the front of the'property, barb's broke down."
The tv antennae, was bent At' the farm of Stuart"
like a pretzel. • • and Donna Alton,.
,At the' Gerry" and Alice • turn to page 8