York1 Environmental Waste Solutions wants the Superior Court to weigh-in on their controversial plan to convert an abandoned landfill into a regenerative recycling facility for construction materials. According to a post on their website, the Municipality of Chatham-Kent was served on Nov. 14. It alleges the property at 29831 Irish School Road - just north of Dresden - “does not require any land use planning approvals from Municipal Council.” “This argument is based on the legal concept of legal non-conforming use,” the website article reads. The municipality intends to “vigorously” defend the lawsuit and its perspective on future uses of the property. A date for the hearing has not been set. Laryssa Waler, spokesperson for York1 told CTV News company officials had a “a productive meeting with officials from the municipality” on Nov. 19. “We’re looking forward to providing them with more information and a constructive working relationship in the future,” Waler wrote. According to the grassroots group Dresden Together, which is fighting the project, York1 Environmental Waste Solutions purchased the property in Dec. 2022 but the project didn’t gain high profile attention until early 2024. Chatham-Kent Served with Court Challenge by York1 Environmental Waste Solutions Inc. The Municipality of Chatham-Kent has been served with a Court challenge by York1 Environmental Waste Solutions Inc. A Court challenge is a legal process that can be used to ask the Court to make a court order determining a legal issue. The Municipality of Chatham-Kent has consistently told York1 that land use planning approvals are needed, including zoning and official plan changes. In the past two weeks, legal counsel for Chatham-Kent wrote to York1 to reiterate their need for these land use approvals. On Nov. 14, York1 served the Municipality of Chatham-Kent with a Court challenge in the Ontario Superior Court of Justice, alleging that the property at 29831 Irish School Road does not require any land use planning approvals from Municipal Council. This argument is based on the legal concept of legal non-conforming use. The Municipality of Chatham-Kent strongly disagrees with this argument and will be vigorously defending the action and seeking a court order requiring York1 to seek approvals from Chatham-Kent Council. Further information will be shared publicly as the matter proceeds.
