Corner Brook residents opposed to crematorium have latest appeal denied
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CORNER BROOK, NL – A group of Corner Brook residents opposed to a crematorium in their neighborhood are taking their fight to the Newfoundland and Labrador Supreme Court.
The move comes after the Western Newfoundland Regional Appeal Board denied the group’s appeal of the city’s decision to grant the Country Haven Funeral Home planning permission for Phase 1 development, site services and a rock pad for a crematorium at its site in November 2022 to grant Country Road.
The panel heard the complaint Jan. 19, which lists Cathy Peddle and Kelly Hiscock as complainants. Peddle and Hiscock represent the group Concerned Citizens Against Crematorium in Any Neighborhood.
During the hearing, city attorney Lorilee Sharpe asked the board to review the complaint through the lens of res judicata, meaning the matter had already been decided by the board.
In October 2021, the board rejected an appeal filed by two other townspeople and upheld the council’s decision to approve the development.
Sharpe informed the board that the reasons for the current complaint and the arguments in the complainants’ complaint and documents filed since then focus on the city’s original decision when it approved the first development application in June 2021.
She claimed that no information was presented to the board that had not previously been submitted.
The appellant argued that the board could hear evidence and confirm, set aside or amend the decision under appeal and should hear the appeal and examine all the evidence at its disposal and make what it considers an appropriate decision.
In its review, the board found that no new information had been presented on or before the hearing that would cause it to reconsider its decision on the first planning permit objection. It concluded that res judicata should apply and ordered the appeal to be dismissed.
Michael Williams, an attorney at O’Dea Earle in St. John’s representing the applicants in their appeal to the Supreme Court, said they disagreed with the Appeals Committee’s decision.
“We believe that the Board erred in applying the force of law doctrine as new evidence has come to light affecting the Council’s decision and that the Board itself failed to consider this other new evidence,” he said in an email to the SaltWire network.
Williams said the group has appealed to the Superior Court in Corner Brook and is awaiting a date to hear the matter.
The city of Corner Brook declined to comment on the matter.
Country Haven did not respond to a request for comment prior to the publication of this article.