An overflow crowd is expected at East Luther Grand Valley council chambers for an Ontario Municipal Board pre-hearing conference on Orica Canada's appeal of township council's decision not to grant zoning for the company's explosives site near Luther Marsh.

The beginning of what might be a two-day affair is set for Nov. 3.

Orica had attempted to have a special OMB hearing when the council made its decision last month. When that did not happen, a Superior Court justice granted Orica an injunction allowing it to continue operations until the appeal has finally been heard by the OMB

Justice Jane Milanetti ruled in favour of the injunction on several grounds, including the uneventful existence of a similar explosives site for about 15 years and on the strength, among other things, of an April 2007 council approval of temporary zoning with what appeared to her to have been a suggestion by the township planner that permanent zoning could be obtained after a new Official Plan was approved.

Planner Jack Cruttenden, since retired, had pointed out then that the Official Plan of the former township of East Luther did not include provision for explosives storage but that the one for the amalgamated township of East Luther Grand Valley would.

The judge suggested Orica might have been lulled into a false sense of security, but found that it had invested about $2.5- million on the basis of its impression.

Peter Turrell, who lives near the site, is one of the most vocal opponents of Orica. In a recent letter to Dufferin Landowners Association he said the township residents had been abandoned by the judicial system.

"Today myself and my community have lost their Charter of Rights and Freedoms as our homes are devalued, we are in potential life threatening danger as there is no emergency plan in place, we have trucks running constantly from 4 a.m. destroying the rural qualities we value, if they have a spill the entire watershed is at risk and if we speak our truth we will be sued by this company to shut us up," his letter read in part.