Is a municipality permitted to enact a rezoning bylaw in contravention of its own public notice procedures?
British Columbia, Canada
The following excerpt is from Kimpton v. Canada (Attorney General), 2002 BCSC 1645 (CanLII):
In Welbridge, the defendant municipality enacted a rezoning bylaw in contravention of its own public notice procedures. The plaintiff began constructing an apartment building on the rezoned property, but was forced to abandon the project when the bylaw was subsequently declared invalid (Wiswell v. Metropolitan Corporation of Greater Winnipeg (1965), 1965 CanLII 106 (SCC), 51 D.L.R. (2d) 754 (S.C.C.)). The plaintiff framed its action against the municipality for damages in negligence.
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