River City Vineyard has scored a major victory in its legal battle to operate a homeless shelter at its Mitton St. facility.
In a 19 page decision issued Friday morning, the Ontario Court of Appeal has ruled in favour of the church, overturning a lower court decision that closed the shelter as of June 15 of last year.
A three justice panel says River City's Harbour Inn Mission falls within the meaning of "church-sponsored community activities and projects."
As such, the court of appeal concludes that in his decision in March 2014, Superior Court Justice Thomas Carey erred in his interpretation of the city zoning bylaw and the shelter use is not in contravention of the bylaw.
The City of Sarnia has until September 30 to decide whether to seek leave to appeal to the Supreme Court of Canada but Mayor Mike Bradley hopes the legal wrangling ends now.
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The city says its cost in the legal action so far is over $168,000 and it could be found liable for River City's costs as a result of Friday's decision.
The parties can make written submissions on the costs of the appeal within 20 days.
River City Pastor George Esser is pleased with the court of appeal ruling.
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Esser says he's not sure when the shelter might reopen because infrastructure and resources were lost as a result of its forced closure.
It was in late 2011, that city council voted 6-2 against River City's application for permanent rezoning for its shelter, citing neighbourhood complaints about drunkenness, crude comments, noise and threats.