Madam Justice Deborah Kloegman ruled today that there are no grounds for the courts to grant the Resort Municipality of Whistler a permanent injunction to force Whistler Aggregates out of its current location.
The ruling comes after two days of hearings Nov. 21 and 22 at B.C. Supreme Court in Vancouver.
The municipality issued an order to Whistler Aggregates demanding it stop operating its asphalt plant near the Cheakamus Crossing neighbourhood. That order was ignored and the plant carried on with its operations.
Whistler Council then instructed the municipality's solicitors to serve the asphalt plant operators with court documents to get the enforcement of the zoning bylaw before the Supreme Court.
RMOW lawyers argued for a declaration that the asphalt production use contravenes the zoning bylaw and that the plant should be shut down.
A handful of Cheakamus Crossing neighbours attended court to hear the case put forward by the municipality's lawyers and the legal team representing Frank Silveri, the owner of Whistler Aggregates.
The RMOW will be reviewing the judgement with its legal counsel to determine the next course of action.
The judge's written decision is available here: http://www.whistler.ca/sites/default/files/judge_kloegman_rmow__v__whistler_aggregates_01-31.pdf
-with files from Alison Taylor