ORDERS SOUGHT
1. 2. 3. 4. 5. An order in the nature of mandamus requiring the Building Inspector described
below, to issue the building permits as applied for on December 18, 2023, for the
Tofino Beach Lodge, the Tofino Beach Lodge Spa, and the employee housing
buildings described below (collectively the “Building Permits”);
In the alternative, an order in the nature of mandamus remitting the applications
for the Building Permits to the Building Inspector with an order that the Building
Permits be issued if otherwise in order, without reference to any prohibition
arising out of the District of Tofino Water Utility Bylaw No. 1213, 2015 (the
“Water Utility Bylaw”);
An order in the nature of certiorari setting aside, quashing or severing section
4(5)(b) of the Water Utility Bylaw, or in the alternative, its use to prohibit water
service connections;
An order in the nature of certiorari setting aside or quashing the purported
decision of March 21, 2024 (the “Water Refusal Letter”);
A declaration that the Water Utility Bylaw and in particular section 4(5) and any
“Limits to Growth Policy” or Council resolution, based on the Water Utility Bylaw
or otherwise, is unlawful or inoperative to the extent they are applied to control or4
prohibit the density of use or use to which land within the District of Tofino may
be put as permitted by Part 14 of the Local Government Act;
6. A declaration that any refusal to issue the Building Permits or otherwise regulate
or prohibit land use on the CSB Land described below, in reliance on the Water
Utility Bylaw, any policy, or on any decision of the staff of the District of Tofino
thereunder, or on the report entitled “Limits to Growth Policy – water allocation
priorities” dated July 23, 2024, is unlawful and of no force or effect;
7. A declaration that any purported decision dated March 21, 2024 by the Director
of Infrastructure and Development of the District of Tofino refusing to permit a
water service connection to the CSB Land is unlawful and of no force and effect.
8. A declaration of the Water Utility Bylaw cannot be applied so as to prohibit
otherwise lawful use of land in accordance with the zoned use and density of the
CSB Land permitted by the District of Tofino’s zoning bylaw.
9. Such other and further orders and directions as may be required.
10. Costs.
6 comments:
Sources have told Tofinonews that the DOT has used the water shortage to restrict a local restaurant to “take out only “ and has prevented them from having a customer washroom and any seating . Ironic that after spending 80 million dollars on a sewer plant that the district is prohibiting washrooms.
What is worrisome about this (besides all the taxpayer dollars that will be spent on this lawsuit), is what is the plan for water? Is the DOT just going to keep restricting washrooms with no plan for the future??
This has been a long time coming… About 8 years ago CAO Bob held a public meeting and announced that there would be no more rezoning approvals for housing development till water supply was improved….Commercially zoned properties could be built out……..Huh!!!!!. How fair was that. Could that work? No housing but more commercial. Even an idiot could predict shortages in residential housing. Have we experienced that? Yes
Now Tofino’s “finest bureaucrats” and Idiot councils are trying to stop a development that was rezoned….what?.....twenty years ago???? And the owner is just supposed to eat it?????
I too have heard the back story on the place (eatery) that is not supposed to have a washroom. Town is like an old Yosemite Sam cartoon. Shots fired in all directions Smells so bad….
Tofino has been managed so badly for so long. Sack them all…. You voters need to wake up and sack the lot of them. Incompetence at all levels.
But don’t worry about the legal costs. I am told UBCM covers it, providing shade for local INCOMPETENCE. While the perps just walk away.
Tofino doesn't have a water shortage. We have a water mismanagement issue created by the DOT.
The next question is what happens to our insurance? when the town runs out of water?
Perhaps the genius' is behind the limits to growth policy believe that's good enough for the insurance companies.
However, to avoid a potential catastrophe, one would think that an appeal to the federal government to expedite a new reliable source of water source of water is absolutely necessary ASAP. Like NOW!
As the first nations develops their tourist industry, it will be just as badly affected by the lack of water as everything else. A letter to Gord Johns seems logical.
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