6 Nov 2007
SMART GAIN INVESTMENT LTD v. TOWN PLANNING BOARD
- Citation
- SMART GAIN INVESTMENT LTD v. TOWN PLANNING BOARD
- Court
- Court of First Instance
- Case number
- HCAL12/2006
The Board's first reason was a material factual finding that, except for Site 1, Sites 2 and 3 comprised wooded slopes and river valley; that finding was inadequately explained, made without sufficient inquiry (no site visit) and proved mistaken by admitted fresh evidence, producing objective unfairness; therefore the Board's decision (and the Chief Executive in Council's approval insofar as it adopted that decision) was quashed and the objection relating to Sites 1‑3 was remitted to the Board for reconsideration.