Here’s why ‘nuisance’ shut down
Judge lays out reasons for ending Edmonton’s never-ending yard sale
On Friday, Court of Queen’s Bench Justice Joanne Veit granted an injunction ordering that the “neverending yard sale” in the McKernan neighbourhood be shut down.
The injunction, sought by the City of Edmonton, required the hundreds of household items populating the lawn of the small rental house at 7805 114th St. be removed. Here are five reasons Veit gave for siding with the city, rather than property owner Matthew Peter: Delay request rejected: Peter argued the city’s application should be dismissed as premature, given that he has launched an appeal that will be heard in December by the community standards and licence appeal committee’s decision. He also said he needed more time to prepare. Veit said the facts of this application are totally different than what will be heard in December and that Peter is adequately prepared. Licence needed: Peter said the city failed to show his yard sale, or any yard sale, needs a business licence. Veit determined the yard sale would require a licence because it operated for more than three days. Ownership not in question: Peter said the city lacked proof he is the person in charge of the yard sale, but Veit disagreed: “His ownership — and therefore presumptive control — of the land on which the sale is being run and his failure to establish that someone other than himself in fact is in a position of authority relative to the yard sale; the gradual increase in the size of the operation, and his frequent attendances at the property.” Did money change hands?: Peter also contended there is no evidence that transactions occurred at the yard sale and so it cannot be a business. Veit disagreed: “A business that never concluded any transaction would be an unsuccessful business, but it would be a business all the same.” Too much stuff: Peter argued the city’s use of the words “nuisance” and “unsightly” to describe the yard sale were too subjective to be enforced. Veit agreed, but said the city’s use of the phrase “excessive accumulation of materials” was on point: “In this case, a picture is worth a thousand words; a representative picture of Mr. Peter’s yard sale establishes that there is an ‘excessive accumulation of materials’ on his property.”