Group launches court challenge against Calgary’s blanket rezoning

A group of residents in a legal fight against Calgary’s blanket rezoning policy were in court for the first time Monday.

A courtroom at Calgary Courts Centre was packed with those who have raised money to battle the change in housing policy — the legal battle began just a few weeks after blanket rezoning was passed in May.

The man at the centre of the suit, retired lawyer Robert Lehodey, says the judge gave the city’s legal team an extension to review an expert report served to the city last week.

“That’s not unfair, but the outcome of today was quite positive for us because of the number of the people in the courtroom,” he said Monday. “The obvious gravity and the implication to Calgarians of this upzoning is obviously recognized by the court.”

The judge granted an expedited review on or before Nov. 8, meaning the next court date is not set in stone.

“The fact that it’s been accelerated gives developers who are relying on this new bylaw an opportunity to hold off and not put shovels into the ground,” he says.

The blanket rezoning changes means Calgary’s base zoning would allow for townhomes or row homes to be built in most communities alongside single-family homes and duplexes.

There are 288 formal applicants in the case against the move whose gripes with upzoning range from concerns about street parking to concerns about water infrastructure.

Lehodey says even with the support, it’s hard to predict what will happen moving forward.

“When you’re before a judge the coin’s in the air,” says Lehodey. “I believe we have a valid argument and we’ll have to see whether or not a judge agrees with us.”

Lehodey previously filed for a judicial review back in April, asking for a judge to weigh in on council’s decision not to hold a plebiscite on citywide rezoning.

The city instead opted for a marathon public hearing that lasted more than two weeks and included around 6,100 written submissions and more than 700 speakers.

Out of those speakers, more than 62 per cent were opposed to the idea, and just over 30 per cent supported it.

Council voted 9-6 to approve of blanket rezoning, with those in favour hoping the move will provide relief to the housing crisis by speeding up approvals and making it easier for more housing options to be built across the city.