Solar garden complaint against Mahone Bay won't proceed in court

Oct 21, 2022: This story was updated with more details on the judicial review and comments from landowners.

A legal proceeding brought against the town of Mahone Bay, N.S., for allegedly failing to consult the public on a solar garden project will not move forward.

"We made asuggestion to settle and it was accepted," said Dylan Heide, Mahone Bay's CAO.

Heide saidthe proceedingwas ajudicialreviewof the development officer's decision to approve a permit for the construction of the community solar garden at the town's wastewater treatment facility site. Itwill not proceed after both parties agreed that the judicial review would be too expensive.

"We just suggested to them that if we were to both agree that this could be dismissed at this point and be responsible for our own [legal] costs, then it would be preferable to both parties to stop incurring additional costs and they accepted that and agreed to the dismissal [of the judicial review]."

'We're moving forward'

Mahone Bay is still looking at expropriating some private land so it can cuta transmission line to the solar garden. The town's chief administrative officer said they sent letterstothreelandowners to inform them of theintentionto use their land.

The towninitially planned to buildthe solar garden in an industrial area owned by the company RPSComposite, and some landowners said they weren't consultednor received advance notice when a new location was chosen.

Construction activities are scheduled to begin this fall with the solar garden expected to come online in 2023.

"We're moving forward with our project," saidHeide.

Mahone Bay Mayor DavidDevenne saidmost of the money for the project comes from federal and provincial sources.

"The project and the whole thing is about $6 million and the town is responsible for 27 per cent (about $1.3 million) of that cost."

Landowners feel left out of process

However, some landowners are still feeling left in the dark when it comes to being consulted about the ongoing project.

They don't want to sell off their land for the sake of the project and feel as though they're being left out from the process.

"They talk about being collaborative, but we haven't experienced any of that," said Bruce Bardon, one of the landowners opposing the current location of the solar garden.

Area landowner Mark Henneberry saidhe was offered $2,300 and that the town is valuing the land near the solar garden at$5,000 an acrebut his land could be expropriated if he does notaccept the offer.

"Expropriation is really a last-ditch thing and there are ways to get around this problem if they so choose."

Bardon saidhe and the other landowners have suggested alternative locations for the solar garden project, even some on their own property but say they've been ignored.

"We are willing to sell the land at the back of our property, but the town is really quite determined to cut through and split our properties in half."

Bardon along with the other landowners started anonline petitionand have been canvassing door to door as well, talking to neighbours about the solar project.

Greening the energy supply

Heide saidtown officials have put out numerous pieces of information in regard to the project, as well as assessed different locations, saying that this project will ultimately benefit the town as a whole, helping them reach their "ambitious goal of greening their energy supply."

"One of the pieces of information that hasn't necessarily reached a lot of the folks who have been engaged with the petitions is that ultimately, the town has made a significant effort to look at other options before determining that this was the most appropriate route for the service corridor to take," said Heide.

"It is necessary for the town to make investments in green generation like thisit is absolutely in the interest of the whole community that we continue to work towards council's goal of 80 per cent renewable energy by 2025, this project is a key part of that."

Devenne saidif the offers made by the town to purchase the land for the project are rejected they would then look at expropriation.

However, he saidno plans of expropriation have been finalized, nor are there current plans to further develop the area.

Heidesaid during a council meeting in May that in order to change the access road to a public road or further develop the area, legally there would need to be a transfer of ownership, not just an easement which is anon-possessoryright. An easement can beterminatedif it was created by necessity, such as for the access road, and the necessity ceases to exist.

Henneberrysaidhe thinks the town has been treating the landowners in this situation unfairly, but it's not too late to make it right.

"I think they can still make a difference here, you know, I think they can still make things work."

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