The Alberta court system will not intervene in a dispute between the owners of an RV park and the County of Stettler.
In a decision released on July 12, the province’s Court of Appeal stated it would not hear an application from Paradise Shores RV for leave to appeal a Nov. 2, 2018 ruling of the Subdivision and Development Appeal Board (SDAB).
The denial comes about six months after the application was presented, where Alberta’s top court reserved its decision.
An email outlining the courts reasons stated the SDAB decision-making and grasp of the issues before it were proper.
“With respect, I had difficulty understanding the applicant’s first argument,” stated Honourable Justice Brian O’Ferrell in the decision.
“None of the grounds of appeal advanced by the applicant has a reasonable chance of success … the SDAB’s interpretations appear to be correct. They are certainly reasonable. The application to appeal is dismissed.”
What that means is that Paradise Shores must comply with the SDAB ruling that slashed the number of RV stalls from 370 to 168, while also implementing more than 40 other conditions the development must rectify.
This is the latest roadblock for the development. In May, a vast number of existing leaseholders were forced to remove their trailers and RVs from the site, by June 17, following an inspection by the County of Stettler. That inspection found numerous health and safety concerns along with failure to comply with many of the conditions that were in the permit issued after the SDAB decision.
“We trust in this process and the Municipal Government Act (MGA) provides us with this process, but we are looking forward to working with everyone involved going forward,” County of Settler Director of Communications Niki Thorsteinsson told the Stettler Independent.
Thorsteinsson added the wait for a ruling was long and that there were still some difficult to move trailers still remaining on the site. However, she did state the county noted efforts are being made to clean up the area.
“Once those conditions are completed, those (168) sites can be occupied,” she said. “Once we get compliance, we can get people up there.”
Attempts were made to solicit comment from Paradise Shores lawyer Robert Schuett, but those calls were not returned.