The Quebec Court of Appeal reverses Superior Court decision of Judge François Tôth's and comes down fully on side of Sutton citizens group

The Quebec Court of Appeal reverses Superior Court decision of  Judge François Tôth's and comes down fully on side of Sutton citizens group  
Coalition for Sustainable Development in Sutton - Sept 11, 2018
"This is a great victory for citizens, for the exercise of democratic rights between elections, and for sustainable development and environmental protection." This is the main comment from the spokesperson for the Coalition for Sustainable Development in Sutton (RDDS), Robert Benoît.

In a unanimous judgement rendered today, the Quebec Court of Appeal:

1. granted the appeal of the citizens group and overturned the trial judgement;
2. declared that contested zoning by-law 254 and subdivision bylaw 256 were replacement regulations;
3. declared that the adoption process of these regulations contravened article 110.10.1 of the Act respecting land use planning and development (LAU); 
4. declared that the procedures involving the adoption of the bylaws are null and void,  irregular, and invalid;
5. overturns and annuls zoning by-law 254 and subdivision bylaw 256 along wioth all subsiduary by-laws adopted by the Dandenault administration;
6. grants legal fees to the appellants in the first and second instances.

Three and a half years later, we have come full circle, reverting to zoning bylaw (115-2) and subdivision bylaw (116-1)  which preserve the integrity of Mid-altitude protection zones (PAM) between altitudes 350 m and 550 m. Effectively, three PAM zones had been eliminated and another shrunk. A total of 800 ha or 25% of a sensitive area with strong slopes had the level of protection reduced to make way for residential development.

The judgement mentions that "The judge erred in holding that bylaws 254 and 256 were not 'replacement bylaws' in the sense of the LAU, and that the facts of the case should have led him to conclude the contrary" (paragraph 30). The Court cited the testimony of mayor Louis Dandenault and urban planner Réal Girard in recognizing that they were replacement bylaws."