Calgary court challenge on blanket rezoning going to appeals court
Posted Jan 26, 2025 2:45 pm.
The legal fight against the City of Calgary over blanket rezoning will continue despite a legal challenge against the bylaw decision being denied.
At the beginning of the year, King’s Bench Justice Michael J. Lema ruled the city acted fairly and acted within its powers to enact the bylaw, following a lawsuit launched by a group of local homeowners.
The case argued that the city did not have the authority to enact the bylaw and the public hearing process that preceded the legislation was flawed.
Retired lawyer Robert Lahodey said in an email to supporters Saturday that he and others named in the suit will go to the Alberta Court of Appeal.
According to the email, the appeal will focus on two key areas: Whether Ward 9 Coun. Gian-Carlo Carra was biased in participating and voting in favour of blanket rezoning, and whether council provided Calgarians with a fair hearing on the issue.
“We recognize that the appeal process challenges us to overcome significant legal hurdles,” his email reads.
Watch: Calgary’s blanket rezoning survives court challenge
The case required the court to distinguish the scope of council’s authority in blanket rezoning 311,750 properties, according to Lahodey.
“This issue has significant implications for the limits of municipal powers and could set important legal boundaries for municipal governance,” he said.
“The Court’s decision noted a lack of additional evidence on some points, including this concern.”
But Lahodey claims in his email their ability to provide evidence was restricted due to “unique constraints” in presenting new evidence beyond what council was presented with in making its decision.
“This is a tension we will expose and explore on appeal,” he said.
Meanwhile, Justice Lema said in his decision the allegation that Carra was closed-minded wasn’t backed by evidence and the witness to the claim wasn’t credible.
George Clark, who was at an event attended by Carra, claimed the Ward 9 councillor was guiding people on how to persuade other council members to vote yes to blanket rezoning. He also claimed Carra referred to those opposed to blanket rezoning as “racist” and “blowhards.”
“No evidence shows that Coun. Carra was not amenable to persuasion during the hearing,” Lema’s decision reads.
Lahodey says the appeal process will be challenging due to being heard by three judges, and will take time, but pursuing the matter is “essential” to ensure the issue is “appropriately considered” by the court.
“Blanket rezoning removes the opportunity for individual property owners to make meaningful submissions regarding zoning changes that directly affect them,” his email to supporters reads.
“Calgarians should carefully consider this fundamental issue of fair process, especially as we approach the municipal elections this fall, where we hope blanket rezoning will be an election issue and the new council will get direction from Calgarians as to how they feel about blanket rezoning.”
Back in April 2024, Lehodey filed for a judicial review requesting a judge to weigh in on council’s decision not to hold a plebiscite on citywide rezoning.
The city instead held a weeks-long marathon public hearing with more than 700 speakers and around 6,100 written submissions.
More than 62 per cent of the speakers were opposed to the idea, while just over 30 per cent supported it.
Council voted 9-6 to approve blanket rezoning, with those in favour hoping the move will speed up approvals and make it easier for housing options to be built across the city amid a housing crisis.
The change means Calgary’s base zoning allows for townhomes or row homes to be built in most communities alongside single-family homes and duplexes.
The bylaw continues to generate discussion on the complex issue, with those in favour saying it will curb the housing crisis, and those opposed arguing it will bring unwanted density to areas that aren’t ready to accommodate it.
Since council approved blanket rezoning in May, the city has received hundreds of applications for new row housing and other new high-density developments around the city.
With files from Dione Wearmouth and Michael Ranger
