Judge upholds controversial citywide rezoning changes; review application dismissed

Lawyers arguing against Calgary's controversial citywide rezoning changes say the bylaw should be overturned due to a lack of procedural fairness and impartiality in the decision to approve it.

Calgary's controversial citywide rezoning changes have been upheld by a judge.

The decision, by Justice Michael Lema, was released on Wednesday.

This past spring at city hall was dominated by Calgary's longest-ever public hearing on proposed citywide rezoning.

Over a span of about 100 hours, 736 people spoke to council on the issue.

Nearly 70 per cent of the people who spoke were against blanket rezoning, city officials said.

Regardless, the land-use amendment passed by a 9-6 vote after the three-week public hearing.

The application for judicial review cited challenges based on "a perceived lack of authority for the city to enact (the changes), a shortfall in procedural fairness and an allegedly closed-minded councillor."

The judge's decision states applicants "were off-target with each challenge."

"The city's implicit decision that it had the necessary authority under the (Municipal Government Act) was both reasonable and correct. The applicants received the required-by-the-MGA and otherwise appropriate level of procedural fairness. And they failed to prove their allegation against (Coun. Gian-Carlo) Carra," the decision reads.

"Calgary city council acted within its powers, fairly and with sufficiently open minds. The application for judicial review of the new general zoning bylaw is accordingly dismissed."

Coun. Andre Chabot says the decision doesn't necessarily mark the end of the battle against blanket rezoning.

"I believe the judge's decision is based on the Municipal Government Act and policy. ... I think his decision was correct legislatively," Chabot said.

"I still think, though, that the community's voices were not respected in the decision, and come election time next year, I think there are going to be members of council that are going to want to revisit that decision."

With files by Jordan Kanygin