Hutterian Brethren of Summerland v Vulcan (County), 2017 ABCA 8

The Huterrian Brethren of Summerland (Summerland) applied for development approval for a new colony located about 5 kilometres from the village. Neighbours appealed successfully to the Subdivision and Development Board (SDAB) on the grounds that the community's potential cumulative effects might affect adjacent parcels as lands within the village. Application applied for permission to appeal SDAB''s decision. Marco Baldasaro and Gavin Fitch represented the SDAB. Permission granted in part. The Court ruled that none of the proposed grounds of appeal relating to time restrictions imposed by SDAB, alleged apprehension of bias, application of the correct legal test, and anecdotal consideration of wind and odour had a reasonable chance of success. The Court granted a permission to appeal on the question of whether SDAB erred in law or jurisdiction by considering impacts of future proposals and associated potential cumulative effects when those proposals included operations contemplated by exemption in s. 618.1 of the Municipal Government Act.