Marotta 'Likely' to Appeal Court Decision on Randwood
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Lakereport.ca / Niagaranow.com LakeThe ReportHyper-local news for Niagara-on-the-Lake Vol. 3, Issue 2 Niagara-on-the-Lake’s most respected newspaper January 16, 2020 Protesters threaten Marotta ‘likely’ to appeal weekend ‘spectacle’ court decision on Randwood at Icewine Village Opposition group says it will continue to challenge hotel plans Protesters of the local horse and carriages say they will be at the Icewine Village in Old Town this weekend to roll out a new campaign. DARIYA BAIGUZHIYEVA/FILE PHOTO Story on Page 13 Niagara fan gets signed stick from World Juniors Developer Benny Marotta says the town is acting out of malice to stop his development of the Rand Estate. RICHARD HARLEY Richard Harley Estate properties under the member of SORE (Save if the town failed to comply Editor Ontario Heritage Act. Our Rand Estate). with the Ontario Heritage “We have to make a deci- “The principal in civil Act, are the notices vague The town and SORE sion in the next few days on litigation is that ‘costs follow and uncertain, and did the were victorious in court last whether we move forward the cause.’ That means that notice of intention comply week, but developer Benny with an appeal or let it go,” the loser pays the winner’s with the town’s official plan. Marotta says it’s “likely” his Marotta said in an interview. costs,” Hall said in a state- Walters declined to rule companies will appeal the “We are very passionate ment to The Lake Report. on prematurity, but said the judge’s decision. about this project, so appeal- “In this case, that means application would still be Superior Court Justice ing the decision is a very Two Sisters pays the costs of dismissed based on the other Linda Walters ruled to dis- real possibility.” both the town and SORE.” three arguments. miss an application by Sol- Walters gave the parties Walters heard two days of On whether the town Niagara resident Calvin Goodman gets his World Juniors mar Development Corp. and 30 days to determine the arguments from both sides. complied with the heritage hockey stick signed by Akil Thomas, who scored the Two Sisters Resorts to quash legal costs and Solmar/ In her written judgment, act, Walters also declined winning gold medal goal for Canada. DARIYA BAIGUZHIYEVA the Town of Niagara-on-the- Two Sisters is expected Walters outlined four issues to make a ruling. She wrote Lake’s notice of intention to cover the winners’ le- to determine: If the town’s Story on Page 8 to designate all four Rand gal fees, said Lyle Hall, a application was premature, Continued on Page 2 NOTL is the perfect place Town approves 4% hotel tax – in principle for Harry and Meghan Dariya Baiguzhiyeva Couns. Stuart McCor- tax revenue with a not-for- accommodation commit- The Lake Report mack and Wendy Cheropita profit tourism agency. tee comprised of accommo- voted against it. The NOTL Chamber of dation and tourism industry Niagara-on-the-Lake If formally approved by Commerce is currently con- leaders and two council- councillors have approved council, the tax could be ef- sidered the town’s destina- lors, Allan Bisback and in principle a plan to charge fective starting June 1. tion marketing organization, Norm Arsenault, to revisit visitors a hotel tax. Provincial legislation, according to a staff report. the hotel tax idea. In a 7 to 2 vote Monday, which came into effect The previous town coun- “We spent consider- council’s committee of the in December 2017, al- cil considered implementing able time scouring, trying whole approved the idea of lows municipalities to levy a a tax but didn’t take any to find out documented If Prince Harry and Meghan Markle are moving to Canada, levying a municipal accom- mandatory accommodation action. evidence of both pros and they should consider NOTL. MARK JONES/WIKIMEDIA modation tax of no more tax on hotels and short-term In September 2019, coun- than four per cent. rentals and then share the cil established a municipal Continued on Page 3 Story on Page 7 Page 2 Age has its privileges! January 16, 2019 20%* off for those over 60 Pharmacy: 1882 Niagara Stone Rd | Virgil| | 905.468.2121 TWICE a month third Wednesday AND last Thursday. Apothecary: 233 King St | Niagara-on-the-Lake | 905.468.8400 *Regular-priced merchandise only. Excludes prescriptions, Philips Sonicare & Muse products, MEET THE NEWS www.simpsonspharmacy.ca | Free Delivery From Both Locations special orders, lottery, transit passes and codeine products. Applicable to 60 and over. SORE will continue to fight for ‘responsible development’ Continued from Front Page “We haven’t won anything cutting last November,” except one battle, so we Hall said. that decisions about the ap- continue on. We continue to “I think SORE believes propriateness of the notice be watchful.” that we’re doing the right should be determined by the The battle is still far from thing. So far we have been Conservation Review Board. over, Hall said. For now, validated, both in getting To the vagueness issue, SORE is trying to respond to standing on these various Walters argued she didn’t all of the legal matters it can. judicial procedures, as well see how Solmar and Two “SORE isn’t in a position as the ones where there’s Sisters could not understand where we can be proac- been an outcome, we have their obligations under the tive with any of this,” he been successful all along. heritage act. She said further said. “There’s a number of We continue to put ourselves disagreements on the issue things that are happening in a position where we should also be addressed by at the same time and SORE believe we can continue win SORE members and supporters fill the community centre gymnasium during a public the review board. is reacting to them. We’re and continue to fight for the meeting regarding the Rand Estate in 2019. RICHARD HARLEY/FILE PHOTO To whether or not the waiting for the (Conser- responsible development of town complied with its own vation Review Board) to the property.” Should Marotta and his wasn’t until we applied for badly about the cost of these official plan, she wrote that continue its process. We’re Marotta said he feels the legal team choose to appeal, the siteline was the motion legal proceedings to taxpay- she cannot find a contraven- waiting for the prosecution town’s decision to combine he said he would like the passed to have the lands ers,” he said. “At the end tion of the planning act. of the Two Sisters company all four properties in its case to be decided in Toronto in the back of the prop- of the day, if the town goes Hall said he’s not sur- to continue and then we’re designation application is an instead of a local court. erty (toward John Street) through with all of the court prised the court ruled in waiting to see where Two attempt to stall progress by He said he believes the designated. As of today, it’s cases they have — and not FAMILY favour of the town. Sisters re-application to his company. town is acting out of mal- unclear which structures or all of them are with Solmar “We’re clearly thrilled that LPAT takes them — and we “The town combined ice toward him as a devel- land should be designated. — they are going to be the outcome of the deci- will respond accordingly in the property behind with oper and believes only two The onus has been put upon spending about three to five sion was the way it was,” he each of those cases.” Rand Estate and designated of the properties, those us to prove that the proper- million dollars of taxpayer said. “We never thought the Hall said SORE will everything as heritage,” said of the actual hotel, have ties are not heritage instead money.” application of the Marotta be keeping an eye on the Marotta. “The two proper- heritage value. He said of the reverse.” Lord Mayor Betty Disero companies had any merit, upcoming Conservation Re- ties are separate. We do not he agrees with the town “These tactics only buy issued a statement say- so we’re happy but we’re not view Board pre-settlement have any applications on and stands by the decision time to fulfill an election ing council is “pleased” Niagara’s surprised the town won.” conference, which will de- that property. The decision to designate Rand Estate promise made to a small, vo- with the ruling and “is He said SORE will termine whether the town’s to designate it all as heritage and the Dunnington-Grubb cal group of people, vowing waiting to hear from (the continue to fight for “the intention to designate the was designed to stop us features, which are in to stop us from completing town’s) legal team on ap- responsible development of properties is warranted. from moving forward.” front of the Rand house, as the property,” Marotta added. propriate next steps. the Rand property.” “We hope that the town He said right now his heritage. Marotta said he wants to “Our legal team will “We don’t expect that will continue its effort to companies are “looking “This was always the build a hotel “that adds report back to council once this one legal decision is prosecute Two Sisters for at the whole situation” to plan. The 2011 bylaw des- value to the community.” they have had an oppor- going to resolve anything the destruction they caused decide what the next steps ignated the Rand Estate as “As a resident of NOTL tunity to fully review the or everything,” said Hall.