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The Pitt Polder Preservation Society vs. the District of Pitt Meadows


For details follow the link to BC Supreme Court Reason for Judgment

1997: Changes proposed to zoning bylaws
The Polder Society was formed in 1997 to fight against proposed changes to zoning bylaws that would have allowed Swan-e-set Bay Golf Resort to build residential housing and a hotel on the uplands of the polder. The Mayor and the majority of council supported development, but there was fierce opposition from the community. The Concerned Citizens of Pitt Meadows, an ad hoc group, and the Polder Society formed an alliance and gathered enough signatures to trigger a referendum. Shortly before the referendum was to be held, the developer, realizing that the community would not support the rezoning change, temporarily withdrew the rezoning application.
May 1998: Referendum bylaw repealed
Despite tremendous opposition by the community, Council repealed the referendum bylaw on land use that would have allowed citizens a say on land issues.
October 1998: Another rezoning application submitted
The developer, Swan-e-set Bay Golf Resort, submitted another rezoning application.
March 1999: Application Passed
After four days of public hearings, Council passed the rezoning application. Swan-e-set announced that it would start building the the following year.
The Pitt Polder Preservation Society takes the District to court
The only avenue left open for the Society to stop the development was through the courts. After careful research, the Polder Society took the District of Pitt Meadows to court on the grounds that it withheld pertinent information from the public. The Society lost the case, but decided to launch an appeal to the Supreme Court of Canada, despite legal advice that the chances of success were not high.
June 2000: Supreme Court rules in favour of the Society
In June 2000, after a unanimous decision by four judges, the Supreme Court released its ruling in favour of the Society. The rezoning approval was overturned. The Society had saved this environmentally sensitive wetland.

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