Orangeville to appeal conflict ruling

On the advice of town solicitor Bill Stutz, Orangeville will appeal the Superior Court ruling that the town's county councillors are in conflict on the sale of the county-owned, abandoned CP Rail corridor north from Orangeville.

The Town has retained Toronto lawyer George Rust- D'Eye who will determine the most expeditious appeal route.

Mr. Stutz told the council Monday that Justice Francine Van Melle's decision is "appealable on multiple grounds", likely in the form of a review by a three-judge panel of Divisional Court. He said the Town would be well within its rights to appeal the decision.

The judge's decision was based largely on Orangeville's contractual obligation to assist Highland Rail Group in efforts to purchase the county-owned corridor. Highland was to hold back $2 million of a $7-million offer to purchase the Town-owned rail line south to Streetsville until the first mile of track had been laid in the north corridor.

Little was mentioned of the Town's commitment also to assist Highland in obtaining new users for the restored rail by attracting new industry to the county. As well, the county would receive $750,000 of the $2 million.

If Justice Van Melle's decision is upheld, it would reduce the number of weighted votes at county council to 14 from 30. On the basis of population, Orangeville councillors Mayor Rob Adams and Deputy Warren Maycock hold 13 votes between them. Shelburne Mayor Ed Crewson (2) and Mulmur Deputy Sue Snider (1) have both declared conflicts in the rail issue for other reasons, resulting in a reduction of 16 votes.

Mayor Adams views the decision as a provincial issue. "If the decision of the lower court stands, it would call into question the purpose and function of upper-tier governments." He said that if councillors could not vote on issues merely because they would have an immediate impact on their respective municipalities, there would be little point in having county councils.

He said both the Association of Municipalities of Ontario (AMO) and the province should become involved and take a hard look at the impugned decision. "We are asking our solicitor what appropriate actions should be taken in regards to approaching the province and the AMO."

Furthermore, he said the rail sale is an "economic development issue. It is about providing infrastructure for the whole of Dufferin County. It is about helping local industries and attracting new ones."

He added that the conditions of the sale itself, including Orangeville's contractual obligation to assist Highland in its efforts to buy the rail line, are a secondary issue in comparison to the benefits the county would receive from a revitalized rail system.

Since the Town is appealing the decision, Mayor Adams is "requesting and hoping county council will not take any precipitous action, prior to this issue being resolved at court."

He is also hopeful county council will eventually vote in favour of the sale. "Why would they be opposed to supporting local industry, jobs and infrastructure? Bringing back the railway is not something new. We will be restoring it to the way it was."

At a Highland Companies open house in Horning's Mills last Saturday, Highland president John Lowndes confirmed that the Highland Rail Group would be seeking to expand the user base for the restored rail line. "It is not a single-purpose railway," he said.

Mono Mayor Lorie Haddock said in a phone interview that she feels confident most county councillors would see the economic benefits of a revitalized rail line.

But the opposition of North Dufferin Agricultural and Community Taskforce (NDACT), based largely on its belief that rail is intended to facilitate development of a proposed quarry, has created a political hot potato for councillors in Melancthon and Mulmur.