A lawsuit launched to kill a bylaw that paved the way for the development of affordable duplexes in the West Hill has been shut down in a Court of Queen's Bench ruling.
A written decision authored by Justice R.D. Maher dismissed an application by a number of West Hill residents representing themselves and the West Hill Heritage Society.
The application sought to quash a bylaw that re-zoned a southern portion of the Angus Mirasty School yard from institutional to a specific type of residential zoning that allowed duplex development.
The rezoning was intended to allow Northern Spruce Housing Corporation to build a maximum of four affordable duplexes.
The Prince Albert Grand Council currently owns the land. The bylaw was argued at city council chambers last summer and spilled into a courtroom in early December.
Opponents of the rezoning argued at council that losing green space was a key issue for them.
Maher's ruling said the city acted reasonably while considering submissions from "various competing groups."
He also decided proper public consultation occurred and council undertook "necessary due diligence."
"Council gave due consideration to the bylaw amendment at two council meetings, heard and received numerous submissions, plus attended a community meeting with the various interested parties before council came to a decision," said Maher's ruling.
He also added that council ultimately had to make a decision.
"The applicants are not happy with the decision but ultimately council is charged with a decision-making responsibility and authority," read the ruling.
City manager Robert Cotterill said the decision showed the city followed The Cities Act and made a decision within its power.
Northern Spruce could now apply for permits to begin preparing the land for development - if they chose to and council gave approval - according to Cotterill.
The heritage society's lawyer, Eric Lanoie, said he needed to speak with his clients before deciding how to move forward. It's not known at this time if an appeal will be launched.
