Court challenge of Calgary rezoning bylaw rejected

A court challenge by a group of Calgary residents aiming to overturn city hall's blanket rezoning bylaw has failed.

On Wednesday afternoon, Justice Michael Lema released his 39-page decision refusing the plaintiffs' application for a judicial review of the bylaw.

The group had aimed to stop the city from granting permits to build higher-density housing. City council passed the contentious bylaw to rezone most of Calgary's residential areas in May with nine councillors voting for it and six against.

The vote came during the city's longest meeting of council, which lasted more than three weeks and included Calgary's largest public hearing, where councillors heard from 736 speakers and 238 panels.

The challenge was based on a perceived lack of authority for the city to enact it and alleged procedural fairness. 

"They were off-target with each challenge. The city's implicit decision that it had the necessary authority under the MGA [Municipal Government Act] was both reasonable and correct. The applicants received the required-by-the-MGA and otherwise appropriate level of procedural fairness," said Lema in the decision.

The challenge also argued Ward 9 Councillor Gian-Carlo Carra was closed-mind during the lengthy public hearing process, and because of that, the entire hearing was tainted. 

In his decision, Lema said Carra was "was open to persuasion during the hearing," and the applicants "failed to prove their allegation."

Retired Calgary lawyer Robert Lehodey, one of the 288 applicants who launched the court challenge, called the decision "disappointing." 

But he's still optimistic Calgary's blanket rezoning bylaw will be overturned, either through court challenges or changes to city council's priorities. 

"In the judge's decision, he did point out at the end that these issues must ultimately be decided at the ballot box," he said. "We can only hope that Calgarians make this blanket rezoning an election issue." 

Lehodey said the applicants' lawyers are examining the decision to determine if there is a viable basis for appeal. 

In an email, the City of Calgary said citywide rezoning means more "housing supply and housing choices for Calgarians" and that the zoning change "speeds up the time to deliver homes to Calgarians." 

The city also said it will continue processing applications for low-density residential developments.