It was standing room only in the Meaford Council Chamber Monday night as more than 50 residents of Georgian Beach Road came out in support of a delegation that was requesting that council rescind the 1854 bylaw that is at the core of the current legal battle launched by the municipality against some residents of the cottage road.
Harold Rogers who is part owner of a trailer park on the road had a simple request of council.
“We are here to ask council to rescind the 1854 bylaw. We are landowners who are being affected by this bylaw,” said Rogers who also asked that council explain the “Common sense in trying to register a 150 year old bylaw against our lands that have changed, boundaries that have changed, over the last 150 years and in doing so council will make it impossible in some cases for us to use our lands.”
The lawsuit launched by the municipality which has already cost in excess of $500,000 in legal fees has come under increasing criticism after Justice J. Daly of the Ontario Superior Court issued a court order that forced the municipality to expand the scope of the suit to include all property owners in the area, bringing the number of affected homeowners to more than 70.
Not surprisingly members of council were reluctant to answer questions, or engage in any sort of debate or discourse with regard to the issue citing advice of legal counsel.
Prior to the start of the meeting of council Mayor Francis Richardson indicated that because the matter was before the courts, members of council would be pleased to listen to the concerns of the delegation but would refrain from making any comment.
Members of the delegation expressed frustration that because of the lawsuit their properties have been stigmatized and as a result property values have and will continue to decline, and mortgage companies will be reluctant to lend money.
If the property owners are successful in convincing council to rescind the 1854 bylaw, it would effectively unravel the lawsuit the municipality has waged against the Georgian Beach Road property owners.
For property owner Tony Talarico it all comes down to common sense and simple economics.
“If you win this action, what have you won?” Talarico asked members of council and then provided them with an answer, “You've won a 600 foot long foot-path. How much is that per foot?” he asked referring to the escalating costs of the legal action.
Council members Jim McPherson and Gerald Shortt have been vocal opponents of the lawsuit, and they appear to be swaying some of their fellow members of council with Harley Greenfield recently expressing frustration about the costs, and Deputy Mayor Michael Traynor appearing uncertain of his current stance on the issue during the Monday night meeting.
McPherson advised council that he will be bringing forward a resolution to terminate the Georgian Beach lawsuit at a future meeting of council.
One of the difficulties faced by the municipality at this late stage is that even if the lawsuit were to be dropped, enormous costs could be incurred for reimbursing legal expenses of current defendants. Should the case continue to move forward and the municipality lose, a similar financial stress could be realized.
Even if the municipality is successful, McPherson has stated that the subsequent appeals will mean hundreds of thousands of dollars in future legal costs.
