HomeMy WebLinkAboutNewell Letter to Land and Property Rights Tribunal■ BROWNLEE LLP
`Barristers & Solicitors 1 s . 193,
November 19, 2021
Land Property Rights Tribunal
2"d Floor, 1229 — 91 Street
EDMONTON AB T6X 1 E9
Attention: Rick Duncan, Case Manager
Dear Sir:
Re: 21/MD-002 — Intermunicipal Dispute
Appellant: Village of Duchess (the "Village")
Respondent: County of Newell (the "County")
1. Provision of Various Documents
2200 CMUMERCE PLACE I 10155 102'D STREET
EDb4ONTON, AB CANADA I T5J 4G8
TEL. 780.497.4800 I FAX 780.424.3254
Refer to:
J.S. Grundberg, Q.C.
Direct Line:
(780) 497-4812
E-mail:
jrundberg@brownleelaw.com
Your File No.:
21/MD-002
Our File No.:
71112-0132/JSG/AGU
VIA EMAIL: IPrt.aPPeals(ftov.ab.ca
Further to your letter of October 26, 2021, please find attached the Statutory Declaration of Matt
Fenske, Chief Administrative Officer for the County.
In addition, please find our Sharefile Link which will enable you to download the following:
(1) Land Use Bylaw 2016-21 (the "LUB"). We also provide a Certified hard copy;
(2) Land Use Bylaw 1892-17;
(3) Intermunicipal Development Plan Bylaw No 1780-13 and No 455-13 (the "IDP"). We
also provide a Certified hard copy; and
(4) A revised Fringe District Landowner List and zoning map.
2. Notice of Appeal — Affected Landowners.
On November 10, 2021, we provided the LPRT with a landowner list for the purposes of notice.
Upon recent review, we discovered a minor error: one of the parcels was mislabeled. We have
corrected the error and provide the revised list namely the "Fringe Area Landowner List".
On the issue of notice, we wish to respond to the Village's correspondence of November 16,
2021. The Village's Notice of Appeal filed on October 21, 2021 provides that the first reason for
appeal in Part 4: Reasons for Appeal is the removal of the Fringe District in the former LUB.
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Indeed, there is no mention of other districts in the Notice of Appeal, either in relation to
impugned uses or subdivision provisions.
However, in the Village's correspondence of November 16, 2021, the Village asserts the area
affected by the appeal is all the land in the IDP Boundary as shown on Map 6 of the IDP which
includes six land use districts. The County's position, as outlined in our letter of November 10,
2021, remains that the Village cannot expand the appeal from the Fringe District to all six land
use districts and therefore notice of the appeal should only be given to the affected landowners,
namely landowners in the Fringe District.
Therefore there is a disagreement between the County and the Village as to the affected lands
and landowners. We will discuss with the Village's legal counsel how to address this and will
speak to the scheduling of this issue before the panel at the December 14, 2021 preliminary
hearing.
Nevertheless, given your request for these names and addresses, we are also attached a list of
landowners, namely the "Disputed Landowner List".
Yours truly,
BROWNLEE LLP
PER:
JENEANE S. GR BERG, Q.C.
AGU/dmc
Encl. Statutory Declaration of M Fenske (County)
revised Fringe District Landowner List and Zoning Map
Disputed Landowner List
Sharefile Link: httgs://brQwnleelaw.sharefile.com/d-seb033c2Oe3464fO98974ff59f76ffdc8
cc: McLennan Ross, Attn: Gavin Fitch (via email: gfitch(&_mross.com)
cc: Town of Newell, Attn: Matt Fenske (via email: fenskem(&newellmail.ca)
cc: Town of Newell, Attn: Geoff Tiffin (via email: tiffinganewellmail.ca)
cc: Town of Newell, Attn: Maria Jackson (via email: iacksonm(@newellmail.ca)
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