Saint John (City) v. Merzetti, 2003 NBQB 320 (CanLII)

This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

After Mr. Merzetti began to build a residence on the shoreline of First Loch Lomond Lake, the City of Saint John sought a Court Order that would require him to demolish or move the structure to a point at least 150 metres away from the edge of the lake. Mr. Merzetti argued that the City’s by-laws respecting shoreline developments were in conflict with the provincial Clean Water Act, which required structures such as his to be just 75 metres away from shorelines.

The Court held that the City of Saint John had the authority to enact by-laws that were stricter than the provincial regulations, and that Mr. Merzetti was therefore bound by the requirement to build at least 150 metres away from the shoreline. The Court therefore ordered Mr. Merzetti to move or demolish the house he had built, and stated that if he did not comply, the City could have the building removed at Mr. Merzetti’s expense.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2003/2003nbqb320/2003nbqb320.html

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