District must issue building permit for First Avenue pharmacy

The B.C. Supreme Court has sided with company owners

A B.C. Supreme Court ruling last week will see the District of Mission issue a building permit for a medical clinic and pharmacy on First Avenue.

Mission’s chief administrative officer, Ken Bjorgaard, expects it will be sent out this week.

A lawsuit was filed on June 25, 2012, and concluded recently.

Bjorgaard says he doesn’t yet know how much the process has cost taxpayers as the district is still waiting for all the costs to come in. The petitioners were granted their court costs.

Last year the District of Mission council passed a bylaw prohibiting pharmacies and medical clinics in the downtown core, which prompted legal action from numbered company 0773184 B.C. Ltd.

The company had purchased the property at 33133 First Ave. before the zoning change and said the district was aware of its intended use and received assurances such an operation was allowed, according to statements filed in court.

Mission realtor Bill Campbell, who was the purchasing agent, said he was “happy to hear the news. I suspected this would be the result, and I’m happy it turned out this way for my clients.”

Mission Coun. Nelson Tilbury, who has a background in real estate, was one of two councillors who opposed the bylaw last year.

Coun. Jenny Stevens also voted against the change.

“If we make statements as a realtor, we’re held to account,” said Tilbury. “The same applies to cities and municipalities.”

Changing the zoning after a business has already told you what they want to do and spent money on renovations is morally wrong, said Tilbury, adding, “As it turns out, it’s legally wrong too.”

Tilbury said he understood where the opposition was coming from, and pointed out there were a lot of unfounded rumours circulating. Other councillors claimed restricting pharmacies in the area was part of the downtown revitalization process.

Just Posted

UPDATE: IHIT confirms identity of Hells Angels homicide victim

Chad John Wilson was one of four men arrested in Spain in 2013 on allegations of smuggling cocaine.

Second person dies following head-on collision in Surrey

Paige Nagata of Abbotsford was in crash on Nov. 4 that also killed Sarah Dhillon

11 years sought for Burnaby man who killed girlfriend with hammer, burned her body

Manslaughter sentencing hearing starts Monday in BC Supreme Court in Chilliwack for Ryan Armstrong

PHOTOS: Fraser Valley Eagle Festival

Mission photographer Bob Friesen shares some of his images with the Record

VIDEO: Firefighters believe Mission house blaze started on back patio

Flames could be seen rising from roof of home on Lightbody Court

VIDEO: Shoppers like self-checkout lanes at the grocery store, survey suggests

Grocery Experience National Survey Report suggests most grocery shoppers spend 32 minutes per visit

Police aim to prevent retaliation after Hells Angel found dead under B.C. bridge

IHIT confirms Chad Wilson, 43, was the victim of a ‘targeted’ homicide

No deal in sight: Canada Post warns of delivery delays into January

Union holds fifth week of rotating strikes as both sides remain apart on contract negotiations

COLUMN: Higher interest rates will slow B.C. economy after ‘unusually robust’ show

Jock Finlayson is executive vice president and chief policy officer of the Business Council of BC

Jason Aldean, Old Dominion to headline Merritt’s Rockin’ River concerts next summer

Four-day music festival at Coldwater River from Aug. 1 to 4

Police looking into two more incidents at private Toronto all-boys’ school

Police and the school have said two of the prior incidents involved an alleged sexual assault

5 to start your day

Body found in Maple Ridge ID’ed as Hells Angel, Japanese ‘rising sun’ flag gone from Langley classroom and more

Bovine tuberculosis found in cow on southern B.C. farm

CFIA said the disease was found during slaughter and they are investigating

Air force getting more planes but has no one to fly them, auditor warns

The report follows several years of criticism over the Trudeau government’s decision not to launch an immediate competition to replace the CF-18s.

Most Read