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Huron Expositor, 2001-09-05, Page 9News TME HURON EXPOSITOR, September 5, 1001-/ Conservation authority loses appeal in Terpstra manure tank case By scorch Caldwell Goderich Signal -Star staff The Maitland Valley Conservation Authority lost its appeal, on August 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 the Maitland Valley Conservation Authority did not prove beyond a reasonable doubt that the land under the manure storage was indeed swamp land. This decision was overturned at the appeal and Judge Hunter agreed with the MVCA that the land was swampland. MVCA lawyer Darryl Hawreliak 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 The permit has not been revoked from Terpstra and Cranbrook Swine but there was a stop work order issued since September 2000. Terpstra's defence 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. It was finally heard in August, 13 months later. "The building permit was issued of 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 MVCA?" said the defence. As for the land being swamp land, the defence said it was circumstantial evidence and even the experts said that there are other explanations for the findings. "There is absolutely no doubt through the prosecution's own case that this is 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," said Thompson. • 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 an other than responsible manner and in good faith went to proper authorities 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 can not now expect to find favour in this case for breach of the Conservation Act," said Hunter. "The respondents did all they could have done possible. The error was committed by the Building Official. "All charges are dismissed by tt respondents," concluded Hunter. The MVCA were 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 with the ruling. "We won on the part of it being built on swamp land 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 Township of Morris-Turnberry and its building inspector, to decide whether or not to revoke the stop work order that was put in place last September. They had been waiting on the outcome of the appeal to make their decision. The board of directors for the MVCA, will meet on September 19, with its lawyer to find out what other options can be explored or whether the judge has made an error an 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 draip into the Middle Maitland river, he said. small TALK t1p016111.1,941410 r..o.w Your child's first words are important Are you concerned about the wiry your child's speech and language skil/s are developing.? 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