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Supreme Court Grants HRM Injunction to Shutdown Illegal C&D Facility
( Monday, June 16/2003)-- A Supreme Court Justice granted Halifax Regional Municipality's request today for an injunction ordering Preston C&D to cease operations.
Lawyers for HRM, Ivan Willis and company president, Sherry Willis, reached agreement over the weekend that Preston C&D would consent to the municipality's application for an injunction.
The Court ordered that Preston C&D immediately cease using the property at Old Lookout Hill Road as a construction and demolition material processing facility, a transfer station or a C&D disposal site. The company was also ordered to cease accepting any materials onto the property. (See attached Court Order)
Preston C&D was found to be in violation of HRM By-law L-200, Respecting the Licensing of Construction and Demolition Materials and Recycling and Disposal Operations.
It was also found to be in violation of a number of provisions of the National Fire Code of Canada, related to the storage of materials on the site; access to a water supply; and maintaining a fire break or buffer zone between the stored materials and the surrounding wooded areas. (See attached news release, dated June 6/2003)
The company was also found to be in violation of the Development Agreement with HRM, which first allowed Preston C&D to begin operations in 1997.
HRM Corporate Communications Officer