Drummond (Village) v. Michaud 2012 NBCA 17
Land Regulation - Land use control - Exemptions - Nonconforming use - Use not conforming to zoning bylaw - Lawful use prior to zoning
The village of Drummond applied for an order directing the Michauds to dismantle a fence that did not comply with its municipal bylaw. The Michauds relied on the principle of vested rights as a defence and argued that the erection of their cattle fence was a legal non-conforming use.
The New Brunswick Court of Queen’s Bench allowed the village’s application. The Michauds appealed.
The New Brunswick Court of Appeal allowed the appeal.