R. v. Mane-Tail Development Ltd.

R. v. Mane-Tail Development Ltd.

Developing and operating a dedicated motocross training facility on RR-1 zoned land constituted a prohibited land use and breached the Land Use By-law (conviction on zoning charge); however the Crown failed to prove beyond a reasonable doubt that the noise from limited, intermittent use during the charged period amounted to a statutory nuisance under Part 6.13 given mitigation, frequency and contextual factors (acquittal on noise charge).

Citation
2006 NSPC 40
Parties
Prosecutor: Her Majesty the Queen; Defendant: Mane-Tail Land Development Limited
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 September 2006
Procedural Posture
Provincial Court by Law Prosecution / Judgment (trial)
Outcome
Convicted of breaching zoning by-law by creating/operating a motocross training facility in RR-1 zone; Acquitted of permitting equipment creating a nuisance by noise
Legal Topics
Zoning Compliance, Noise Nuisance, Interpretation of Land Use by Law, Off Highway Vehicles, Private Property Use
Source Language
English
Municipal Law Land Use / Zoning Environmental / Nuisance Law Administrative Law Zoning Compliance Noise Nuisance Interpretation of Land Use by Law Off Highway Vehicles +1 more

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Parties

Her Majesty the Queen

Prosecutor

Mane-Tail Land Development Limited

Defendant

Procedural Posture

Provincial Court by Law Prosecution / Judgment (trial)

Legal Issues

  1. 1 Whether use of property as a motocross training track violated RR-1 zoning provisions of the Land Use By-law
  2. 2 Whether noise from the facility constituted a nuisance contrary to Part 6.13 of the Land Use By-law
  3. 3 Whether the By-law improperly restricts activities permitted by the Off-Highway Vehicles Act

Ratio Decidendi

Developing and operating a dedicated motocross training facility on RR-1 zoned land constituted a prohibited land use and breached the Land Use By-law (conviction on zoning charge); however the Crown failed to prove beyond a reasonable doubt that the noise from limited, intermittent use during the charged period amounted to a statutory nuisance under Part 6.13 given mitigation, frequency and contextual factors (acquittal on noise charge).

Court Disposition

Convicted of breaching zoning by-law by creating/operating a motocross training facility in RR-1 zone; Acquitted of permitting equipment creating a nuisance by noise

Orders

  • Convicted of using property as a motor cross training facility contrary to RR-1 zoning (Land Use By-law) pursuant to s.505(1) Municipal Government Act
  • Acquitted on charge of permitting equipment that created a nuisance by virtue of noise contrary to Part 6.13 of the Land Use By-law