If you live in Saint John, you know the Spruce Lake Industrial Park expansion has sparked intense debate. Now, Lorneville residents are taking their fight to the Court of King’s Bench. They want a judge to overturn the city council decision that allows the massive industrial expansion.

According to a report from CBC News, residents Adam Wilkins, Shayne Galbraith, and Chris Watson presented their case to Justice Kathryn Gregory on Tuesday. They argue the city council approval was predetermined and lacked procedural fairness.

The Argument Against City Council

The legal battle stems from a city plan to open more than 600 hectares of land for heavy industrial development. Council unanimously approved the zoning changes in July. This approval came despite heavy opposition from locals who worry about their wells, wetlands, air quality, and overall quality of life.

The residents claim the council did not give them a fair hearing. They argue that no opposing view had any chance of changing the minds of the councillors.

“We’re asking that the decision and changed bylaws be quashed and the matter returned to common council for fresh consideration, including a new public hearing in accordance with the court’s reason,” Watson told the judge.

Procedural Fairness and Environmental Concerns

The applicants are challenging the decision on two main grounds. First, they question the open mindedness of the previous council. Second, they challenge the reasonableness of the zoning changes.

They are using Supreme Court case law to define procedural fairness. Watson pointed out that while elected officials will naturally have opinions, they must remain open to persuasion during public hearings.

“That line is crossed when the councillor has reached the final opinion that cannot be dislodged,” Watson said.

To build their case, the residents highlighted public statements made by Mayor Donna Reardon and former councillor Brent Harris. They pointed to social media posts and media interviews where officials advocated for the expansion before the final vote. The residents noted instances where Mayor Reardon stated the city needs to be pad ready to attract new business.

The residents also argue the city failed to prove that other existing industrial parks were unsuitable for this development. They dispute the city reliance on provincial environmental impact assessments as the sole environmental justification for the rezoning.

Currently, a United States company named Volta Grid is proposing to build a data centre on the rezoned site. This project is undergoing a provincial environmental review and faces significant local pushback.

What Happens Next

The city acknowledges it made efforts to engage with the community. Officials point to the creation of a liaison committee and increased buffer zones between the industrial site and residential homes as proof of their willingness to listen.

The city will present its official response to the residents in court on Wednesday.

Frequently Asked Questions

Why are Lorneville residents taking Saint John to court?

Residents argue that the city council decision to rezone the Spruce Lake Industrial Park was predetermined. They believe councillors made up their minds before listening to public concerns.

What is the Spruce Lake Industrial Park expansion?

The expansion involves rezoning over 600 hectares of land in Saint John for heavy industrial use. The city wants to make the land ready to attract large business operations.

What are the main concerns of the residents?

Locals are worried about the environmental impact of the expansion. They have raised concerns about potential damage to local wells, wetlands, forests, and air quality.

What is Volta Grid proposing to build?

Volta Grid is proposing to construct a data centre on the newly rezoned land. This project is currently under environmental review by the province.