Marpole residents opposed to the placement of modular housing in their neighbourhood filed a petition in court this week asking for a judicial review of the city’s decision.
The group, calling themselves Caring Citizens of Vancouver Society, filed the petition in B.C Supreme Court Wednesday. Among other things, the society is asking the court to declare that temporary modular housing is not a permitted use of the property at Heather Street and West 57th Avenue, or to quash the development permit, that the city failed to provide proper notice of the public hearing, and that the zoning amendment bylaw is outside council’s powers.
The society is also seeking an injunction to stop the construction of the project until certain legal requirements have been satisfied.
On Monday, the City of Vancouver was granted an injunction against protestors blocking construction of the 78 temporary housing units in Marpole.
“The Society is gravely concerned that the City of Vancouver appears to have designed a plan to deprive the public and affected residents of the public hearing process,” society president Connie Kuang said in a press release.
In court documents, the group argues that the city does not have the power to rezone land to permit a new use without first holding a public hearing.
“Not only is the City doing things it is not entitled to do, it is doing things at the worst possible location,” Kuang said. “The proposed Temporary Modular Housing would be literally next to Sir Wilfrid Laurier Elementary School and two other schools, with approximately 2,500 students.
“The Society will vigorously pursue legal recourse.”
On Tuesday, a group of students from nearby Sir Winston Churchill secondary held a rally in support of the project.