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Niagara Falls
Friday, April 19, 2024
SORE granted full party status

Save Our Rand Estate, a local group which is advocating for the preservation of the Randwood lands, was awarded full party status Thursday, allowing the group to have access to full party rights including cross examination.

The group was also awarded costs for the legal proceedings, which took place Wednesday morning at the Robert S.K. Courthouse in St. Catharines. More than 60 SORE supporters showed up to show their support for the group.

SORE posted the following letter on its website Friday:

SORE is pleased to report that it has received the decision of Madame Justice Donahue of the Ontario Superior Court following yesterday’s proceeding in St. Catharines.

SORE has been granted full party status to intervene in the court challenge brought by Benny Marotta’s companies of your elected Council’s decision to designate the Rand Estate under the Heritage Act. The Marotta group lawyers fought very hard, for reasons they never fully explained to the court, to keep SORE out of the case.

Madame Justice Donahue concluded in her decision that:

SORE would be adversely affected should the Marotta group be successful in quashing Council’s designation decision, and

she was satisfied that SORE would make a useful contribution to the case.

Costs will be awarded to SORE from the Marotta group for its successful result in this motion.

The Marotta group’s application to overturn Council’s decision will be heard in the last week of June in St. Catharines. We will be looking to pack the courtroom again.

This is now the second legal proceeding launched by the Marotta group where SORE has sought, and received, party status over the objections of Benny Marotta’s lawyers. The next one will be their appeal to the Local Planning Appeal Tribunal of Council’s non-decision on their zoning by-law application for the proposed convention centre/hotel. That will be heard May 9, 2019 at the NOTL Community Centre. SORE will be looking for full attendance at that prehearing conference. And a reminder if you have not yet done so to write to the LPAT case co-ordinator to advise of your support for SORE and its application for party status before LPAT (see our web posting and last email for more information).

Thank you for your continued support.


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