Yaletown residents win case against City of Vancouver about secret land swap 508 Helmcken (BC Supreme Court)

Voices comment:  Significant ruling from the BC Supreme Court concerning the Public Hearing process ‘The ruling also affirmed the rights of citizens in a Public Hearing: “A public hearing is not just an occasion for the public to blow off steam: it is a chance for perspectives to be heard that have not been heard as the City’s focus has narrowed during the project negotiations. Those perspectives, in turn, must be fairly and scrupulously considered and evaluated by council before making its final decision.” The Court also ruled that the petitioner is entitled to costs.’

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508 Helmcken, artist's rendering 508 Helmcken, artist’s rendering. Court quashed CD-1 rezoning.

Today, Yaletown residents won a landmark court victory against the City of Vancouver. The court overturned a CD-1 rezoning, a Development Permit Board decision, and a change in the Downtown District Development plan.

The judgement handed down by BC Supreme Court Justice McEwan ruled in favour of the Community Association of New Yaletown (CANY), on all counts. Local residents had taken the City of Vancouver to court over a secret land swap deal and a rezoning for a high density tower on the east side of Emery Barnes Park. The case was heard over four days, between August 25th and 28th, 2014. A detailed, 49-page ruling was released on January 27, 2015.

The court found that the City of Vancouver breached procedural fairness in the Public Hearing for 508 Helmcken (320 foot tower) and the Development Permit Board hearing for 1099…

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