L.P. Management Corp. (the petitioner) owned a parcel of land in the City of Abbotsford (the "City") located within the Agricultural Land Reserve. The petitioner wanted to extract aggregate (gravel) from a portion of the property in order to create a larger area of viable farmland. The company had received approval from a number of different government agencies but also required a Soil Removal Permit from the City.
The petitioner applied for a permit in accordance with the City's governing bylaw, but the City refused to grant a permit. The petitioner claimed that in refusing the permit the City acted unlawfully and outside its jurisdiction by ignoring the requirements of the bylaw and acting upon extraneous considerations.
L.P. Management Corp. was successful in quashing the resolution of the City.
Mark Andrews, Q.C. and Dierk Ullrich represented L.P. Management Corp.
L.P. Management Corp. v. Abbotsford (City), 2006 BCSC 1426 (CanLII)