Two groups have come forward to back up Canmore in a bout against the MD of Bighorn’s Dead Man’s Flats Area Structure Plan as “affected parties.”
But whether or not their applications will be accepted as such, is up to the Municipal Government Board (MGB).
A preliminary hearing for the inter-municipal dispute over the Dead Man’s Flats (DMF) ASP is Thursday (Jan. 28) in Calgary.
Additionally, QuantumPlace Developments Ltd. and Stoney Nakoda First Nations and Stoney Nakoda Developments Ltd. have applied to be considered as affected parties under the MGB’s inter-municipal dispute rules.
After MD council passed third reading – final reading – on the ASP in November 2015, and declined mediation with Canmore over its concerns, which included financial, social and the functionality of a wildlife underpass, Canmore officially appealed to the MGB in December.
The appeal halts MD plans to move forward with the controversial ASP until it’s been dealt with.
The MGB acts as an unbiased third party during the hearing and the intent is to determine if mediation is being attempted, to set a schedule for evidence exchanges, and determine a date and duration of the merit hearing.
Both parties seeking affected party status cited their concern over wildlife and financial implications as reasons for the applications being forwarded to the MGB.
In the Stoney application, it stated they be permitted to take part in any mediation between parties.
“Any adverse effects to wildlife and wildlife habitat caused by the DMF ASP will infringe upon the Stoney Nakoda Nations’ Aboriginal and Treaty rights. Specifically, the DMF ASP will affect the Stoney Nakoda Nations’ continuous and ongoing exercise of their hunting and cultural practices related to the land and wildlife habitat related thereto,” the application stated.
Stoney Nakoda Developments Ltd. holds land in the MD near Dead Man’s and “any increase in industrial development in the area will affect its property interest and the Aboriginal rights of its shareholders.”
MD Reeve Dene Cooper said he “respects the fact that others have the right of approach to seek status within the Government of Alberta process.”
The ASP would see 29 hectares of land (recreational and light-industrial) developed in the east and north areas of the hamlet.
