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March 14, 2018 - 2:01 PM
KELOWNA - The B.C. Supreme Court has ruled invalid Kelowna’s current agri-tourism bylaw because the city did not sufficiently advertise proposed changes before a public hearing.
Justice Dev Dley made the ruling Tuesday, March 13, in the case of defendants Surinder and Seema Khurana versus the City of Kelowna over bylaw charges about improper use of their agricultural land.
The Khuranas had developed their property beginning in 2008 under the city’s ill-starred agri-tourism bylaw which allowed RV camping on farmland under certain conditions.
Changes to the bylaw made later by city council were at the heart of the lawsuit, according to court documents, which was launched by the city when the Khuranas didn’t conform to the new rules.
However, the Khuranas countered the city had been lax in advertising the proposed changes and Justice Dley agreed, noting the B.C. Local Government Act sets out a strict protocol for how advertising public meetings must be done.
While the city argued attendance at the open houses showed sufficient notice was given, Dley disagreed and was particularly critical of how the city advertised what were substantial changes to the bylaw as 'housekeeping amendments'.
“This was tantamount to the city advertising for a housekeeper when a renovating contractor was required,” Dley wrote in his judgement.
Kelowna’s agri-tourism bylaw has been a disaster from the outset, with many operating outside the city’s parameters and the subject of numerous bylaw complaints.
The city has since stopped accepting new agri-tourism applications, citing the lack of compliance and the considerable resources required to police them.
Dley’s ruling also awards legal costs to the Khuranas.
City of Kelowna officials were not immediately available for comment.
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