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HomeMy WebLinkAboutThe Citizen, 2001-09-05, Page 27CLASSIFIED MARKETPLACE "Advertise Across Ontario or Across the Country" COMING EVENTS FALL NOSTALGIA RAMA SPRING SHOW. Sunday Septem- ber 9th, 2001, 10-3. 85 Dealers buying selling small antiques, glassware, coins, old advertising posters, tins, calendars, books, StarWars toys, buttons, coke, books, documents, mili- taria, sportscards, tools, bottles, breweriana, automobilia, rail- roadania, sterographs, Canadian photographs, ephemera. Fairgrounds Auditorium, Woodstock, Ontario. Ostrichfest 2001 Craft vendors, artisans, ostrich burgers and hotdogs. Wagon tours Sept. 8th and 9th, 10am to 5pm 519- 856-1487 Rockwood. BUSINESS OPPS. INVENTORS - PRODUCT IDEAS WANTED! FREE INFOR- MATION PACKAGE. Develop & professionally present your new product idea to manufacturers through Davison, an award winning firm. Patent assistance available: 1-800-677-6382. Your own business selling exercisewear, dancewear, skating and gymnastics outfits. 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Buyers call 1-800.613-7987 Sellers call 1-800-201-0864 www.timesharelink.com • It's Affordable • It's Fast • It's Easy • One Bill Does It All • Northern Ontario $79 • Eastern Ontario $140 • Western Ontario $130 • Central Ontario $136• All Ontario $395 ,-'wk,National Packages Available • Call this paper for details! On the road again Area schools saw the arrival of the 'bus kids' for the start of a new year. With a large number of local students travelling to their school by bus, it is important that all drivers exercise extra care. (Photo by David Blaney) THE CITIZEN, WEDNESDAY, SEPTEMBER 5, 2001. PAGE 27. MVCA loses appeal to retry Cranbrook Swine case By Sarah Caldwell • Signal-Star The Maitland Valley Conservation Authority lost its appeal, on Aug. 30, to retry a case against Charles Terpstra and Cranbrook Swine Inc. for charges laid in relation to the Conservation Act, for not -seeking proper permission to build a liquid manure storage tank on- alleged swampland. The original trial which lasted three days was heard in Ontario Superior Court in July 2000. The justice of the peace ruled at that time that MVCA did not prove beyond a reasonable doubt that the land under the manure storage was indeed swampland. This .decision was overturned at the appeal and Judge Hunter agreed with the MVCA that the land was swampland. MVCA lawyer Darryl Hawreliak The Community extends deep sympathy to Tilly Engel and her family at the sudden loss of her youngest son Monty. The funeral was held on Saturday, Sept. 1 in Seaforth, followed by burial in Brussels. Luncheon for family and friends was held at the Cranbrook Community Centre. My youngest contributor Benjamin Fretz and his sister Sammy told me about their holiday in Toronto. The CN tower said under the Conservation Act buildings cannot be built on a pond, swamp or floodplain without the approval of the local conservation authority. The permit has not been revoked from Terpstra and Cranbrook Swine but there was a -stop work order issued in September 2000. Terpstra's del.'ence lawyer, David Thompson said the trial was just over a year ago and was dismissed. . The original appeal was to be heard in January and it was agreed that it be adjourned to April. "Now here we are in August, 13 months later," he said. "The building permit was issued on pure faith, now we are being told we can't rely on the building permit." said the defence. "What authority is there that says they (Terpstra and Cranbrook Swine) have to go looking for the was...well...very tall. The favourite place was the Science Centre where you can see so many interesting things and dress up as a lion or weight lifter and see clowns at work. The IMAX movie about sharks was awesome. The hotel nearby where they stayed had a pool. Toronto is full of bad drivers! When they returned their grand- parents visited and the summer holi- days closed with some noisy fire- works. Next week back to school! It was a good summer holiday. Chad and Natasha Terpstra have their own dog now called Angus. My Bernese Mountain dog "Sir Hendrik of the Skunk" likes his new neighbour very much and loves to run across the road uninvited to play there. Hendrik is not as well trained as Angus. Chad and Natasha have quite a few years ahead of them with the responsibility of walking their dog. MVCA?" said the defence. As for the land being swamp land, the defence said it was circumstantial evidence and even the experts said that they are other explanations for the findings. "There is absolutely no doubt through the prosecution's own -case that this is an officially induced error." The MVCA could have appealed under the Building Code Act to appeal the building permit order within 20 days, that is the procedure the conservation authority should have followed instead of "swinging widely." The MVCA to date has not appealed the building official's decision. The judge in his ruling after a brief recess said, "there is no suggestion that the respondents at any time acted in anything other than a responsible manner, and in gold faith went to authority and gained a building permit to construct the holding tank." After construction commenced it came to the notice of the MVCA that the holding tank was possibly being constructed on a swamp. Tests were done and this added to the belief of the MVCA that the area was a swamp. Therefore charges were laid. "I'm satisfied the respondents can rely on 'officially-induced error,— said Hunter. "There was no. obligation on them to consult with other authorities and there was nothing to suggest that they are not entitled to rely on the building permit," said Hunter. The MVCA cannot now expect to find favour in this case for breach of the Conservation Act. "The respondents did all they could have done possible. The error was committed by the building official. 'All charges are dismissed by the respondents," concluded Hunter. The MVCA was also ordered to pay the respondents Charles Terpstra and Cranbrook Swine Inc. $1,000 each for costs incurred with the appeal process. MVCA general manager Phil Beard said after the ruling on Thursday, that overall he was disappointed. "We won on the part of it being built on swampland but we lost on the part that we figured we didn't have to fight about," he said. Beard said it is now entirely up to the Municipality of Morris- Turnberry and their building inspector to decide whether or not to revoke the stop work order that was put in place last September. The board of directors for the MVCA , will meet on Sept. W, with their lawyer to find out what other options can be explored or. whether the judge made -an error in judgement, he said. Beard said after the judgement Thursday morning that he was disappointed. "I don't feel manure storage tanks should be built on swampland that drains into the watercourse," said Beard. In- this case if there was a leak it would drain into the Middle Maitland River.