BELL: ‘It is real’ — Calgary fight against blanket rezoning could win in court

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CALGARY — You can fight city hall.

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These folks are doing it. They’re not whining. They’re not satisfied with a little blurb of discontent on social media or a strongly-worded letter to the editor.

No, they are bound and determined to have the court strike down Calgary’s new blanket rezoning law.

Hundreds are doing battle against city hall’s Cowtown Kremlin and are not ashamed to make their stand public.

They represent many thousands who oppose Calgary City Council’s ham-fisted approval of blanket rezoning.

You know, where just a few months ago most city politicians plugged their ears during the largest and longest public hearing in the city’s history not wanting people to get in the way of what they wanted to do.

Blanket rezoning where neighbourhoods of single-detached homes become neighbourhoods where those looking to turn a hefty profit buy old houses, tear them down and put in townhouses and row houses without needing to go before city council or the affected neighbourhood for a thumbs-up.

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Often these townhouse units or row house units are not even close to being considered affordable.

It was standing-room only in the Calgary courtroom Monday.

There are murder trials with fewer spectators.

But these folks are taking a stand and it’s a refreshing break from the apathy of a city where fewer than half the voters cast a ballot in a city election while claiming they want change.

In court, where proceedings can move at a snail’s pace, there is movement this day and the movement is fast.

There is now going to be a scrap early next month between the rezoning opponents and city hall’s lawyers.

The court will be asked to tell city hall to stop granting development permits under the blanket rezoning law.

If the law would get tossed it would be a mess.

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After all, between Aug. 6 and Aug. 21, the first days of the blanket rezoning, there were 26 multi-family development permit applications.

There is action.

“This gives developers who are relying on this bylaw an opportunity to hold off and not put shovels in the ground,” says Robert Lehodey, a retired lawyer leading the charge against blanket rezoning.

If developers start building and the new citywide rezoning is kaput, it will not be a pretty picture.

“Developers who spend money and start construction may have to actually tear down their buildings. It’s important to finally have some certainty around what zoning should or should not be,” says Lehodey.

You see, the big legal fight is whether the blanket rezoning law should be struck down. Done. Over. Finito. Deep-sixed.

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The court date when rezoning’s fate will be decided could be as soon as next month. We shall see. Both sides want to fast-track the main event.

There is also the question of the city failing to hold a plebiscite vote, an issue brought forward by Dan McLean, a councillor and vocal critic of blanket rezoning.

Lehodey says city council has lost its way and they are focused on density in neighbourhoods for density’s sake.

In his view, it is not about making housing more affordable.

As for council’s recent Yes vote on blanket rezoning, the lawyer says council didn’t listen, didn’t think things through and, this is a biggie, took away the rights of citizens.

For people in single-detached homes or duplexes, they no longer have the right to appear before city council and express their opinion of what is going up next to them or down the street.

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This fight is a serious one. The wrangling could ring up a bill in excess of $150,000 but donations are well on their way to hitting that target.

Coun. McLean is keeping his eye on what’s going down in the court fight.

“Everybody knows where I stand. But the legal beagles at city hall are telling me I better not be commenting,” he says.

“All I can say is, it is democracy in action and I’ll be watching with great interest from the sidelines.”

Lehodey says, all in all, this is a good news day. A very good news day.

“I do genuinely believe this is not frivolous. It is real and the court recognized this as a significant issue for Calgarians.

“City hall has been fought and lost in the past.”

rbell@postmedia.com

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