UPDATED Branco’s race track seeking provincial appeal

A local family is heading to court over their motorcross track’s denial.

A local family is heading to court over their motorcross track’s denial.

County of Wetaskiwin residents Andrew and Erika Branco are taking their dispute of a motocross race track constructed on their land before the Court of Appeal of Alberta.

The grounds of the application are four:

1. The respondent erred in law in dismissing the applicants/appellants appeal from a refusal to grant a development permit by misinterpreting the phrase “race track” in Land Use Bylaw 95/94.

2. The respondent erred in the law in dismissing the applicants/appellants appeal to the board by concluding that the development was being proposed, or that any development permit of any kind is necessary before the applicants/appellants operate or permit private use of recreational vehicles on the applicants/appellants real property.

3. The respondent erred in law by concluding that the pre-existing land use of motorcycle riding did not fall within the meaning of extensive recreational as defined in Bylaw 95/94.

4. The respondent board lost or exceeded its jurisdiction by making no findings of fact relevant to the respondent’s reasons for dismissing the appeal from a refusal to grant a development permit; by not referencing in its reasons whether the respondent considered the statutory provided alternatives to simply revoking or confirming the decision before the respondent; and by deciding on irrelevant grounds.

County assistant CAO Rod Hawken says the couple has to prove on Nov. 30 there was an error in law, in the Subdivision and Development Appeal Board of the County of Wetaskiwin’s decision before an appeal can be granted and trial date set.

“They can appeal it in a point of law,” said Hawken.

To read the original re-zoning denial story by Pipestone Flyer reporter Amelia Naismith, click this link: http://www.pipestoneflyer.ca/news/376254621.html