SASKATOON — Sour grapes over a Saskatoon berry farm and restaurant’s court decision may have led to a new trial.
Court of Queen’s Bench justice Sidney Walker said last week that he will allow a new trial. He was ruling on an appeal to a 1993 lower court ruling which allowed a berry farm near Saskatoon, to expand its operation into an eatery and gift shop.
The original decision last fall said the barn, built for the expansion, was an accessory to the farm business and therefore did not contravene zoning laws in the rural municipality of Corman Park. Walker ordered a new trial to determine whether the actions of Eldon and Delphine Neufeld, owners of the farm, broke the zoning bylaws at the time the barn was built.
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Agriculture land use at issue
Corman RM administrator Fred Sutter said the ruling has come down firmly on the municipality’s side.
“Just because it’s shaped like a barn doesn’t mean it’s a barn,” said Sutter. “The permit that the Neufelds obtained had only permission to build a barn, not a restaurant… We’ve had to enforce this bylaw in the past… It deals with the sanctity of agricultural lands.”
New bylaws
Sutter said the municipality has, since the original charges were laid, created a discretionary provision in a new series of bylaws that will allow for agricultural tourism development.
“Eldon can apply to take advantage of the new zoning bylaws now and the council will decide whether they apply to him,” said Sutter.
“I will comply with the new bylaws if they drop the charges… I could drag this out another two years,” said Neufeld.
The RM council must now decide whether to proceed with a new trial. A decision is likely following a June 13 council meeting.
