Schussler v. Development Appeal Board (Lethbridge County No. 26), (1988) 93 A.R. 74 (CA)

• Judge: Laycraft, C.J.A., Bracco and Hetherington, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: October 19, 1988
• Citations: (1988), 93 A.R. 74 (CA)

Schussler v. Dev. Appeal Bd. (1988), 93 A.R. 74 (CA)

MLB headnote and full text

John Schussler (appellant) v. Development Appeal Board of the County of Lethbridge No. 26 (respondents)

(Appeal No. 19954)

Indexed As: Schussler v. Development Appeal Board (Lethbridge County No. 26)

Alberta Court of Appeal

Laycraft, C.J.A., Bracco and Hetherington, JJ.A.

October 19, 1988.

Summary:

The Development Planning Officer for the County of Lethbridge ordered Schussler to remove or relocate a corral that contravened the 125 foot setback requirement contrary to a land use bylaw. Schussler appealed. The Development Appeal Board dismissed the appeal. Schussler appealed.

The Alberta Court of Appeal dismissed the appeal.

Land Regulation - Topic 2648

Land use control - Zoning bylaws - Building restrictions - Setback requirements - A municipal land use bylaw provided a 125 foot setback requirement for all "buildings" - Schussler constructed a corral by erecting a lumber rail fence - The Alberta Court of Appeal held that the corral was a "building" within the meaning of s. 1 of the Planning Act and was therefore subject to the setback requirement - The court stated that the fence was a thing constructed or placed on land.

Land Regulation - Topic 3201

Land use control - Building permits - Building or development defined - [See Land Regulation - Topic 2648 above].

Cases Noticed:

Otan Developments Ltd. v. Kuropatwa (1978), 12 A.R. 15 (C.A.), refd to. [para. 9].

Robinson v. Guthrie (1982), 36 A.R. 539; 20 Alta. L.R.(2d) 167, refd to. [para. 9].

Statutes Noticed:

Planning Act, R.S.A. 1980, c. P-9, sect. 1(b) [para. 8]; sect. 2 [para. 9]; sect. 152 [para. 2].

Counsel:

Frank de Walle, for John Schussler;

R. Dodic, for the Development Appeal Board of The County of Lethbridge No. 26.

This appeal was heard on October 19, 1988, before Laycraft, C.J.A., Bracco and Hetherington, JJ.A., of the Alberta Court of Appeal.

On October 19, 1988, Laycraft, C.J.A., delivered the following memorandum of judgment orally for the Court of Appeal.