The Court of Appeals has ruled in favour of the Whirlpool Jet Boat operator, setting aside a judgment made by a previous judge. The ruling allows the boat operator to use the Melville Street Dock for the purposes of (1) docking space for the loading and unloading of passengers as required; (2) refuelling of boats as permitted by the Applicable law; and (3) overnight docking. Docking space was restricted to a maximum of three boats, though a fourth was allowed to dock if circumstances required.
The Niagara River Coalition, a special interest group representing the local townhouse complex, questioned the legality of the tour boat operator latest lease agreement.
The judge has allowed the appeal and set aside the decision of the application judge. The judge ruled”
“In my view, this case turns on whether the Jet Boat operation is permissible as an ‘Existing Non-Complying Use’ under the Plan. I am persuaded that it is. As such, it conforms to NOTL’s Plan and does not offend the Planning Act.”
You can read the full court details here.
This article published by Niagara Blog