The Supreme Court of Newfoundland and Labrador has sided with the City of St. John’s in a dispute with The Shoppes at Galway.
The company applied to the city some six years ago to develop parcels of land on Danny Drive near Costco in Galway, which included a Traffic Impact Assessment. That study proposed a light which would permit traffic to turn left only on a flashing arrow.
The city rejected that proposal and ordered the applicant to go with a more elaborate – and costly – structure which resulted in an appeal to the Appeal Board. That agency upheld the city’s decision, so The Shoppes went to the Supreme Court on several grounds including that the city does not have the authority to order construction of what amounts to a roundabout.
Justice Philip Osborne rejected the company’s arguments, concluding that the city does have jurisdiction on the traffic-related component of development applications.
Justice Osborne also awarded the city costs.
















