The Goderich Signal-Star, 1985-10-23, Page 3kyr
tial
1
ve taainitheir
POt
SU' y`, eM o11#tIQl chile
Tps ' ate Gent of claim, Drs. James and
urke say, •their property on Essex
Stfeet- extends ,down the bank to the high
water 1'1rk: on the shore. of Lake Huron.
They clairn't atriage awl punitive damages
from the town of Goderich for trespassing on
theirland, costs for the proceedings and any
other relief the :court would see just. They
also requesttie action be tried in Toronto.
Mayor Eileen Palmer says a committee of
Goderich council has been negotiating with
the Rourkes in hopes of arriving at a
compromise rather than taking the case to
court.
"It's going to be a lengthy process but we
hope to avoid the matter going further," she
says.
James Rourke says the case is a matter of
I-
dee perty.boundaries.
"We'd like to see everything work Out to
eve.ryon`e'sptisfaetion " he says.
In their stement,.. the Rourkes. `say they
bought the land in 1982 *king forward to
"the prospect of building a dock and a
boathouse on the beach in order to enhance
their enjoymentof ownership of the said
lands."
The town of Goderich claims the land in
question is crown land leased to the town
through a licence of occupancy.
Though the town says future plans for the
land are not finalized, the Rourkes say the
town intends to erect a park, parking lot,
marina, boat slips, playground, restaurant
and motorized water ski machine on the
land in question which town was granted
licence of occupation for by the Minister, of
Natural Resources on Oct. 21, 1983.
The Rourkes also protest the town's plans
to dump dredged material from the bottom
of Goderich Harbor into the waters of the
Few races materialize
in Goderich, Colborne
and Ashfield Townships
The introduction of three-year municipal
terms in 1982 may have hurt participation in
municipal politics in rural areas.
While that theory may be prone to
interpretation, township councils are being
acclaimed and the only real elections
involve school board candidates.
_ Colborne Township council has been
returned by acclamation but the ratepayers
will have to go to the polls to sefect a trustee
to the board of education to represent
Goderich and Colborne Townships as
township resident Alfred Etzler is
challenging incumbent Joan Vanden
Broeck. Vanden Broeck was elected to the
board in 1980, defeating Donelda Brindley.
The Colborne Township council includes
reeve Russel Kernighan, deputy -reeve Bill
Vanstone, and councillors Grant MacPhee,
Doug Stoll and Ross ^anabaker.
There will be four polling, stations in the
township on election day. The stations will
be located at Saltford Valley Hall, the
Benmiller Forester Hall, Sunset Golf and
the Township Hall in Carlow.
In Goderich Township, reeve Grant
Stirling has been acclaimed but former
councillor Laurie Cox is challenging Pat
Osborne for deputy -reeve.
Councillors for the next three-year term
are Cornelius Brand, John Rodges and Carol
Wammes.
In Ashfield Township, Al Gibson replaces
John Austin as reeve of the township and
Grant Farrish has been acclaimed as
deputy -reeve. Lee Cairncross and Paul
Black join William Andrew on council.
The election for school board trustee could
be a good one as incumbent Tony McQuail is
being challenged by Donald Alton and Pat
Haskell. The winning trustee will represent
Ashfield and West Wawanosh Townships on
the board.
Bernie Van Osch will be the
representative on the separate school board,
.Fishermen
face charges
over quota
Two Goderich commercial fishermen
face a total of 12 charges with respect to
quota violations the ministry of natural
resources said Monday.
Andy Hauser of the Wingham office of
the ministry said that nine charges
relating to quota violations have been laid
against lion Mood} of Goderich and Jim
Sovie faces three charges for exceeding
his perch quota.
The charges result from an investigation
by the ministry and the siezure of
documents from both Moody and Sovie on
Sept 27. Seven boxes of documents and
records were taken from the fishermen in
simultaneous raids but later returned.
Both fishermen admitted under oath
they had exceeded their quota as outlined
ori their respective commercial licences
for 1984. \lnnthly records filed with the
ninistry in accordance with regulations,
also indicates that quotas were exceeded.
The fishermen contend that quotas were
lot in effect in 1984
Thr Ontario Supremem Court had ruled
'anler that quotas were valid but the
natter is hefrire the Supreme Court of
'anada
Hauser said that 'Moody faces nine
charges for exceeding his quota on
whitefish, perch. walleye and lake trout.
He said the combined overage on all
species is 90.000 pounds which he
estimated had a land value of $100,000.
Sovie faces three charges for exceeding
his perch quota in 1984. Hauser said both
men have also been charged for using
illegal sized mesh
Hauser said other regional offices of the
ministry have laid charges with respect to
the fish quota. The Wingham district office
is responsible for fishermen from Grand
Rend north to the Huron County limit.
The charges will he heard in Provincial
('ourt Goderich in November.
Face charges
The investigations a nd enforcement
branch of the Ontario Ministry of the
F,nvironment has rharged a local farmer
with two counts under Section 16(1) of thea
Ontario water resources act.
Section 16 of the act deals with
impairment of water quality. The maximum
fine on conviction is $5000 on each count.
Charges were laid after liquid pig manure
was sprayed on a lot in Ashfield Township
causing a run-off into a nearby open ditch.
replacing William Kinihan who retired. Van
Osch will represent Ashfield, East and West
Wawanosh Townships and Blyth on the
board.
•
lake in front of the land loll l:, meats
a alOalcipal park as welt i It pl . ►
arrest erosion and accretion (grow
land) by placing anneat st9ne and' a
retaining wall in the water:00'1 ake Har n.
"Such activity will require the defendant;
The Corporation of the Town of Goderich to
further trespass on its lands and will result
in an undue interference with their rights as
riparian (on the bank of the lake) owners,"
says the statement of claim.
After a recent meeting with Vince Kerrio,
Minister of. Natural Resources, the mayor
says the town is waiting for final approval
for a bluffs stabilization project, which will
protect the Goderich bluff and shoreline,
including the land in question, from further
erosion.
The Rourkes say any work on the land in
question has been done without their
permission. Work includes building a
roadway east of the water's edge of Lake
Huron in the fall of 1982 and dumping fill at
the bottom of the bank in the spring of 1984.
With the building of the roadway, the
Rourkes say the general public began to
trespass on the land in question and cause a
disturbance by creating noise, building fires
and consuming alcohol. Trespassers also
aggravated the erosion by hiking on the
environmentally sensitive slope, they say in
the statement of claim.
The town says the road referred to is a
public road built on crown property which
was later occupied by the town.
The town has so far paid $8,176.66 in legal
fees concerning the litigation to the town
ceslinitnr Tl,n M11rnhy.
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