How have the courts dealt with the issue of "legal non-conforming" signs at a city council meeting?
British Columbia, Canada
The following excerpt is from Kollen v. Vancouver (City), 2007 BCCA 336 (CanLII):
As a result, the respondent gave notice to the appellants and held a public hearing regarding its intention to pass a second resolution in similar wording to the first. After the hearing, on June 13, 2003, the respondent passed the second resolution, which also became the subject of litigation. In Kollen v. Vancouver (City) (2004), 49 M.P.L.R. (3d) 134, 2004 BCSC 684, Garson J. found that the decision of at least one of the eight councillors present was motivated by an erroneous assumption that the owners were breaking the law, when in fact the sign was, as noted above, merely “legal non-conforming”. On this basis, Garson J. quashed the second resolution.
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