Town to appeal judge’s bylaw quashing
By Katie Schneider
The Eagle
The town will appeal a Court of Queen’s Bench decision to strike down Cochrane’s off-site levy bylaw and will apply for a stay of the proceedings, council agreed March 26.
After an in-camera discussion, council unanimously voted to direct administration to file a formal appeal regarding the decision made March 9 that held the off-site levy bylaw was invalid and to apply for a stay, which, if granted, would leave the bylaw in force.
Chief Administrative Officer Julian deCocq said March 27 that the bylaw was no longer in effect as soon as the judge made his ruling.
Though there is no bylaw in effect to collect the levies, developers pay off-site levies based on subdivision agreements, which doesn’t happen that often, deCocq said.
“We’re not stuck at this point, until we have to sign an agreement,� deCocq said.
As for resurrecting the rejected bylaw, deCocq said that is “a point of law� that would have to be clarified as the town moves in that direction. But he said that direction could be pursued only if the appeal is lost.
Justice P.J. McIntyre had declared the new bylaw invalid in the Court of Queen’s Bench in Calgary because it failed to comply with the Municipal Government Act (MGA).
It was passed in 2005 to recoup costs for infrastructure projects over the next 20 years estimated to cost $52 million, including the Arena Road Bridge over the Bow River to connect the town with two developers’ sites south of the river, including Keyland Development Corporation’s Cochrane Crossing subdivision, which was recently sold to Jayman Masterbuilt.
Keyland filed a notice of motion in January 2006 asking that the bylaw be declared invalid.
McIntyre said the bylaw did not state the degree of benefit the new infrastructure would provide to the town and to each of the developers, and the bylaw did not reveal how the costs of the levies were determined.

