A potentially precedent-setting case will be discussed at a public meeting in Wingham Monday evening.
The Municipality of North Huron and an Amish farmer outside of Belgrave are at an impasse regarding the young man's property, which received two anonymous complaints about structures and livestock.
That triggered pending legal action, prompting an outcry from the man's neighbours and leading to a large crowd at North Huron's council meeting on September 4.
The young man, who asked not to be identified by name, had legal proceedings levied against him last year following requests to be in municipal compliance.
At North Huron's regular council meeting on September 4, which was attended by a large crowd in support of the farmer, court documents sent to the Amish farmer were discussed by Ranko Markeljevic, who asked North Huron to "cease and desist the costly legal action against our neighbour, Mr. ______".
"Cattle hutches" on the property in question, which the farmer says are part of North Huron's investigation (Photo by Adam Bell on September 12)
Both sides are unwilling to admit the exact details of any pending court proceedings, which caused a discussion by council near the end of the September 4 meeting.
Reeve Neil Vincent said, "While best intentions, there may be something come out of the court challenge," noting council may "have to wait until something is decided."
Councillor Trevor Seip noted he is worried about the "large, vocal group looking for answers" when it comes to tonight's public meeting, because the questions will be "of a highly objectionable nature", and warned it was "only fair to communicate that the group may not receive all the answers."
Markeljevic said he feels a petition with 29 signatures, all with full names and addresses, which was to be presented to North Huron council, should hold more weight against two anonymous complaints. He said the man he represents is a victim of "illegal prosecution" and North Huron council has "ignored the applicable laws," which are "Farming & Food Production Protection Act, Nutrient Management Act, Provincial Policy Statement & OMAFRA MDS Guidelines. All of them are above the municipal bylaw".
The Amish farmer said he purchased a smaller piece of land beside a larger property he used to graze cattle approximately three years ago in a private sale. Shortly after, North Huron received its first complaint when it came to nutrient units and possible building code violations in buildings the farmer calls "Hoop houses". He also said some pens he constructed for Holstein calves were brought up during an investigation by North Huron Chief Building Official Kirk Livingston.
Livingston said, "Every protocol was followed in this investigation," which included a notice of violation. North Huron's CBO also mentioned, "after no compliance was found, an order to comply was issued."
Livingston admits that complaints do have more power when it comes to municipal bylaw infractions than a petition. He also says "sometimes you have to get a ruling", admitting the case could be "precedent-setting" if heard at a higher court, hinting that if the Amish farmer is victorious, it would set a standard that provincial law trumps municipal law when it comes to nutrient units on a property.
The public meeting will be held Monday night above North Huron council chambers and begins at 7 p.m.