By Mark Squibb
A council decision to revoke a septic system permit five years ago cost Witless Bay taxpayers some $37,862 in legal fees.
That’s what the Town of Witless Bay paid lawyers during two attempts in Supreme Court to uphold council’s decision to revoke a well and septic system permit that had been granted by a previous council to Gary and Ann Marie Churchill for their property near the end of Gallows Cove Road.
Council approved an application for the well and septic system in August 2021, and Service NL gave the greenlight for its installation in October that year.
However, when an entirely new slate of councillors was elected to office in September 2021, some of whom had campaigned on a platform of stopping development in parts of the community, it quickly rescinded a slew of motions from earlier years, including the permit for the Churchills’ septic system.
Gary Churchill appealed that decision to the Regional Municipal Appeal Board. The board determined it had no jurisdiction to hear the appeal, and so Churchill took the matter to Supreme Court in April 2024.
The Court determined the Board did have jurisdiction, and ordered the Town to pay the couple $1,100 in legal fees.
In a continuing bid to have the septic permit reinstated, Churchill took both the Town and the Appeal Board to court again last year after the Appeal Board had heard the matter and ruled the Town had the right to rescind the permit.
But once again, a Supreme Court judge ruled in Churchill’s favour, and once again, the Town was forced to pay the couple $1,100 in legal fees.
The Irish Loop Post had asked Town staff for the amount spent on legal representation but was told the information would only be provided through an Access to Information request.
The $37,862 the Town spent on lawyers does not include the $2,200 in legal fees it had to pay the Churchills.
