Burlington council won’t appeal airport decision, will release documents related to litigation
Burlington’s city council recently decided to not pursue an appeal and approve the public release of information related to the litigation between the city and Burlington Executive Airport.
The decision was made during a special council meeting Monday, June 26, according to Donna Kell, manager of communications, government relations and strategic communications at the city.
On May 24, an Ontario Court of Appeal judge ruled in favour of Burlington Executive Airport in what was a long battle with the City of Burlington over landfill that was trucked into the northeast airport over a five-year period.
Most recently, the local airport appealed a Superior Court ruling from June 30, 2016, in favour of the city’s effort to make Burlington airpark file a site alteration permit for fill dumped at the airport from 2008-13.
Residents had contacted city council with concerns about flooding, drainage, blocked views, and the potential for contamination.
A 2014 City of Burlington site alteration bylaw regulates the placing, dumping, cutting and removal of fill or the alteration of grades or drainage on a piece of land. Those doing that type of work must first submit an application to the city for a site alteration permit.
The local airport has been trucking in fill to raise a portion of its property in order to expand.
The May 24 decision of the provincial appeals court means the City of Burlington has no authority to regulate fill deposited at the site between 2008-13, said Coun. Blair Lancaster, whose ward includes the airpark.
In a statement released by the city June 28, the city stated “this decision does not affect the first decision of the Ontario Court of Justice in November 2013 that was upheld by the Court of Appeal in June 2014 that determined that the airpark is subject to the city’s site alteration bylaw for fill activity taking place on the site in respect of any future fill works.”
To view the public release of the litigation information in this case, visit www.burlington.ca/airpark.