It seems there’s been a resolution in the legal battle between Prince Edward County, Picton Terminals and Save Picton Bay.
The three sides have agreed to a settlement of all litigation related to the industrial marine port property, at 24 White Chapel Road, in The County.
Save Picton Bay had been pushing for more regulation on what can and cannot be shipped in and out of the port and for more consideration of what can or can’t be stored on the site, while Picton Terminals has been trying to expand its operation and provide better import/export services to the local economy.
Under the agreement, Save Picton Bay will abandon its appeal of a 2018 court ruling against the company and won’t interfere with Picton Terminals’ rezoning application with the County.
Meanwhile, Picton Terminals says it will not use the property for any import, export, or storage of liquid fertilizer and will not try to reclassify the site as a Waste Disposal Industrial Zone.
Further, neither side will seek to recover legal costs from any of the parties involved
You can click here to find more coverage of the Save Picton Bay vs Picton Terminals story.
Here is the full statement, which was released to the media on Thursday:
All parties reached a settlement in Picton Terminals’ litigation. The County of Prince Edward, Save Picton Bay and Picton Terminals are pleased to jointly announce that they have come to a settlement in all litigation related to Picton Terminals’ property at 24 White Chapel Road in Prince Edward County (formerly 62 White Chapel Road), just east of Picton.
As part of the settlement, Save Picton Bay will abandon its current appeal of the 2018 judgment of The Honourable Justice Tausendfreund and will discontinue a court application against the County and its solicitors. Each party has agreed that it will not seek costs from the other parties. Picton Terminals has also agreed that it will not pursue its previously awarded legal costs from Save Picton Bay related to the court proceedings as ordered by Justice Tausendfreund.
Save Picton Bay, and the corporation’s officers and directors, have also confirmed that they will not participate in or appeal any decision of the County related to Picton Terminals’ current application for rezoning of its property, which will proceed through the normal public planning process. Addressing concerns raised by Save Picton Bay in the settlement discussions, Picton Terminals has agreed it will not use its property for the import, export or storage of liquid fertilizer and will not seek to amend the rezoning application currently before the County in order to reclassify the property for use as a Waste Disposal Industrial (MD) Zone as defined by County’s current Zoning By-law.
Owner and operator of Picton Terminals, Ben Doornekamp states “I think this is great news for all involved as it allows Picton Terminals to move forward with its plans to make the port into a vibrant economic contributor to the County. We look forward to working with the County on the application for rezoning to establish greater certainty about the nature of the port’s operations.”
Brian Etherington, President of Save Picton Bay states, “This positive resolution reflects the importance of the active involvement of citizens. The volunteer leadership and supporters of SPB are delighted that this agreement allows us to fulfill our mandate regarding the important issues at this site and feel secure in the knowledge our engaged Council, County residents and the democratic process will result in the best outcomes for all concerned going forward.” “I applaud all parties for working together to arrive at a fair and respectful resolution of this matter,” says Steve Ferguson, mayor, County of Prince Edward. “As a municipality, we will continue to remain vigilant and work to ensure all current and future operations at the port respect their land use permissions and the natural environment.”
Background
Picton Terminals is a family-owned business with a head office located in Odessa, Ontario. Picton Terminals, through and together with its related companies, H.R. Doornekamp Construction, Hendriks Aggregates and ABNA Investments, employs 80 –100 people with the majority of their business occurring in the Eastern Ontario region.
Picton Terminals aims to resurrect and update the existing infrastructure at its port facility at 24 White Chapel Road and add new infrastructure to provide better import and export services to the regional economy. Picton Terminals plans to expand the existing facilities to allow better, more efficient shipping and to be equipped to receive a variety of products. It presently receives road salt, aggregates, farming products, heavy lift cargo, containers, dry bulk commodities, and new and recycled steel products.
Save Picton Bay was incorporated in 2016 as a federal not-for-profit corporation based out of Picton, Ontario. Save Picton Bay seeks the good stewardship of Picton Bay, Prince Edward County and community by advocating for a safe,clean environment. Save Picton Bay advocates for Picton Bay water quality through the elimination and prevention of negative environmental impacts and supports the protection of Prince Edward County tourism and a safe and responsible port to ship County agriculture products and aggregates.
Save Picton Bay commenced an Application in the Superior Court of Justice, which was heard by The Honourable Justice Tausendfreund on April 16, 2018, resulting in reasons for judgment dated June 18, 2018, an Order and a later costs decision of September 20, 2018.
Justice Tausendfreund ruled that at the time Prince Edward County enacted its present comprehensive zoning by-law in 2006, the portion of the property located in the former Hallowell Township became and remains a legal nonconforming use for transshipment of bulk commodities and ore storage. Justice Tausendfreund also ruled that Picton Terminals is to cease use of that part of the property in the former Sophiasburgh Township previously zoned A1 for industrial equipment storage and aggregate material stockpiling, and acknowledged the legal nonconforming right to use the portion of the former Sophiasburgh lands that had been previously zoned M2 for storage of industrial vehicles and access and issued an Order to that effect. Justice Tausendfreund awarded costs of $40,000 to be paid to Picton Terminals by Save Picton Bay.
In January 2019, Save Picton Bay commenced an appeal of Justice Tausendfreund’s ruling, which has now been resolved by the present settlement. Picton Terminals’ rezoning application seeks, in part, to rezone the former Sophiasburgh Township portion to address Justice Tausendfreund’s Order.
