Residents Prepare to Take Legal Action over Tecumseh Cannabis Facility

AM800-NEWS-Oldcastle-residents-opposed-to-cannabis-greenhouse

A plea to town council to halt a cannabis growing operation in Tecumseh didn't garner any results, so some unhappy neighbours are going to court.

In October of 2019, Judy Robson and around dozen of her neighbours shared their disapproval with the operation at a regular council meeting.

With the project now under construction on Highway 3 in Oldcastle, Robson and several of her neighbours intend to take legal action to halt the development.

She tells AM800 News the facility doesn't fit right next to their residential area.

"It's like putting a cannabis facility inside the City of Windsor boundary lines," she says. "When I say facility I, I'm not talking about industrial; I'm talking about agricultural operations or a green house."

Robson says she and her neighbours want a judge to hear their case.

"We will not be able to go through the Local Planning Appeal Tribunal (LPAT) assessment," says Robson. "We just want to have a court opinion on this because we do not agree with the town's interpretation at all."

She says there's no opposition to manufacturing cannabis.

"We're not opposing the industry, but we are definitely opposing the location of this particular facility and advocating for housing in Oldcastle on those lands," she says.

A municipal council cannot deny a plan for a residential, commercial or industrial project that meets zoning standards under the Ontario Building Code.

Approval of the location of a proposed dispensary or growing location is the responsibility of the province, not the town.

The developer can appeal to the LPAT should it be denied approval for a plan that meets the Ontario Building Code.

That could put the town on the hook for legal fees and possible legal action for unjustly delaying a project.

 

With files from Rob Hindi