Hello Everyone,

My apologies for not updating in June 2019, that the appeal hearing (Western Appeal Board) was postponed until today. I am in the beautiful community of Kippens, NL as I write this message.    I was also fortunate enough to attend the appeal hearing today in Corner Brook, NL. 

So what was on the table at this appeal hearing you ask?

Millbrook Development vs Town of Kippens, NL

The basis of the appeal was the rescinding of the stop work, and removal orders against the Aucoin's (October 31, 2018).  

The first order of the Western Appeal Board was to determine if the Appeal was valid to be heard.  As prescribed under subsection 42(1)  of the Urban and Rural Planning Act, 2000.

Specifically, it states:

42. (1) A person or an association of persons aggrieved of a decision that, under the regulations, may be appealed, may appeal that decision to the appropriate board where the decision is with respect to                

(a)  an application to undertake a development;                                      

(b)  a revocation of an approval or a permit to undertake a development;            

(c)  the issuance of a stop work order; and                                              

(d)  a decision permitted under this or another Act to be appealed to the board.

Both the appellant (Millbrook Development), and respondent (Town of Kippens) were able to present their submissions on this regard. 

Millbrook Development were self represented.  Yes, one of the owners of Millbrook is an elected official member of the Town of Kippens council, however, he represented his business today.  The Town of Kippens, had legal counsel who presented via teleconference.  Their lawyer remained adamant that the decision (rescind of orders against Aucoin's), not the reason (Aucoin Farm) is whats under appeal . After these submissions, there was a short recess (45mins). 

The Western Appeal Board members returned with the decision of "Dismissed" as the appeal concerns of Millbrook development were outside of their jurisdiction. It is anticipated that the written decision will be available (open source) within two weeks, I have copied the link below. 

So what does this mean?  It is a success for the Town of Kippens, and the Aucoin family at this time.  While we hope this is the end of the road, we will not hold our breath as we wait the next curve ball. There is potential for this to be viewed as a private issue (citizen to citizen) and   it presented to the Supreme Court of the Province.  There is no intent on the Aucoin family to proceed this, however, they have had no intent to date.  If this does raise to the table, we will revive the Aucoin Family Farm Go Fund Me account for support. Please save $3-5 if this effort is needed. Fingers crossed, this is my final update. 

Thank you to everyone for your support, and interest.  Together, we will ensure that Rural communities respect Rural Living; and that our communities are respectful and inclusive to our diverse society. 

In closing, nothing better than smelling the salt water in the air, and being in a community that I love. Time to go enjoy it!!!!

Kind Regards, 

Shana O'Quinn