Adam Prudhomme
Editor
Keep Napanee Great, the group of resident volunteers who attempted to halt the establishment of a permanent asphalt plant in town, won’t have to pay appeal costs to R.W. Tomlinson LTD.
Dale Chipman of the Ontario Land Tribunal ruled in favour of Keep Napanee Great and the Town of Napanee, dismissing Tomlinson’s request for $153,488 for costs ‘related to extra preparation and hearing time for the above-noted appeals.’
In late 2023 the Tribunal ruled in favour of Tomlinson on the main issue, ending a two year battle that saw the company granted permission to establish a permanent asphalt plant at 8205 County Rd. 2. The proposed site had drawn objections from residents, prompting some to form a group and appeal to the town and later the province in an attempt to prevent Tomlinson from setting up a hot mix asphalt plant there. Ultimately, the Tribunal ruled the project could go ahead as planned.
Following their victory in that case, Tomlinson filed another claim seeking to recover costs from the original hearing. In their submission they outlined their reasoning by saying the town and KNG based their ‘opposition to the application almost entirely on the allegation that the proposed (hot mix asphalt) would exceed the applicable standards for air quality and acoustic impact,’ which the tribunal found no evidence to support. Tomlinson’s lawyers also argued KNG failed to make reasonable efforts to combine its submissions with the town.
Though Tomlinson will still be allowed to proceed with the plant, they won’t recover any costs from the legal battle.
“As confirmed by the Tribunal’s cost decision, our participation in the appeal process was conducted in good faith and with due diligence,” said Casey Wells of KNG in a statement. “KNG’s aim throughout the proceedings was to ensure that all relevant factors were considered in the decision-making process. It is important to highlight that our involvement was driven by our commitment to protecting the community’s interests and advocating for responsible land use planning practices. KNG remains dedicated to fostering constructive dialogue and engagement in matters concerning community development and environmental stewardship. Our organization will continue to actively participate in discussions and processes aimed at promoting sustainable growth and preserving the quality of life in Greater Napanee.”