Association continues fight against McLean Lake batch plant

The McLean Lake Residents Association has filed an appeal of Yukon Supreme Court Justice Leigh Gower's ruling that a contractor has the right to build a concrete batch plant near McLean Lake, despite the objections of some of the area's residents.

The McLean Lake Residents Association has filed an appeal of Yukon Supreme Court Justice Leigh Gower’s ruling that a contractor has the right to build a concrete batch plant near McLean Lake, despite the objections of some of the area’s residents.

The court document, which does not specify any reasons for launching the appeal, was filed by Skeeter Miller-Wright, head of the association.

Miller-Wright has acted as legal counsel throughout the case, although he is not a trained lawyer.

Gower ruled in favour of the City of Whitehorse last month, which allows city council to uphold its decision to to rezone the section of commissioner’s land Quarries Restricted from Future Development. The restriction on the zoning means that only concrete plants are permitted as a primary use on the site.

The city appealed the case after Yukon Supreme Court Judge Ron Veale ruled in favour of the residents association when it challenged the rezoning of the land to allow for a gravel quarry.

The city adjusted it position and argued for Quarries Restricted from Future Development after Veale noted that the city was in violation of the Official Community Plan (OCP) when it rezoned the area to allow for a gravel quarry without first conducting hydrological and hydrogeological assessments.

Miller-Wright argued during a day-long hearing last May that the city neglected its residents’ wishes when it decided to rezone the area around McLean Lake.

But the minutes of city council meetings “do not bear that out,“ Gower said.

Miller-Wright also contended that the city failed to provide any evidence showing an “overarching public good” was being met that superseded the wishes of the residents’ association.

“Where do you draw the line with this argument, Mr. Wright?“ Gower asked in response.

“You’re not happy with (council’s decision), but that’s not the test.“

Gower said it’s not the court’s place to interfere in a municipal issue simply because a special interest group’s needs have not been met, and that doing so would set a “dangerous precedent.“

“Council is free to exercise its discretion,“ Laurie Lavoie, counsel for the City of Whitehorse, noted in her submission.

Miller-Wright argued that city council has a “mandate” to act in the best interests of its residents. Gower said he’s not aware of any clause in the Municipal Act to support this claim.

The act does say council should be presumed to be acting in the public interest, unless it can be proved otherwise, said Gower.

“You’re the petitioner. You have the onus here,“ Gower said.

Lavoie also noted in her submission that there are already eight to 10 gravel quarries within 400 metres of the land parcel in question.