Hundreds of residents launch court challenge of Calgary rezoning bylaw

A group of 288 applicants have joined together in a bid to overturn Calgary's blanket rezoning bylaw which was passed by city council earlier this year.

Robert Lehodey, a retired lawyer spearheading the court challenge to the bylaw, told reporters in front of the Calgary Courts Centre on Monday that hundreds more also contacted him directly wanting to join the case.

He said the group opposed to the bylaw sought an interim stay of proceedings in court Monday.

Their aim is to stop the city from granting permits to build higher-density housing until a judicial review can be heard, which the group has also requested.

The city's lawyer successfully sought an adjournment in court Monday because he did not have enough time to review a report on rezoning compiled by the opponents. 

"The outcome of today was quite positive for us because of the number of people in the courtroom," Lehodey said.

"The obvious gravity, and the implication to Calgarians of this upzoning that the city has passed in May, which became effective Aug. 6, is obviously recognized by the court as something that is of significant import for Calgarians."

The judge in the case has stipulated there will be an expedited review of the group's stay application in what's known as a half-day special application on or before Nov. 8.

"We're very happy with that," Lehodey said.

City council passed the bylaw to rezone most of Calgary's residential areas in May with nine councillors voting for it and six against.

The vote came during the city's longest-ever meeting of council, which lasted more than three weeks and included Calgary's largest public hearing, where councillors heard from 736 speakers and 238 panels.

Councillors who voted against the bylaw were opposed to the blanket nature of the new rules, questioned the affordability of new builds under the rezoning, and wished to preserve quality of life and community character in certain neighbourhoods, among other concerns.

Councillors who supported the bylaw pointed to more than 20 amendments to increase privacy measures and give residents greater voice with regards to what kind of developments are built where they live.

Some of those amendments were made after hearing from hundreds of Calgarians during the public hearing, Mayor Jyoti Gondek said at the time.

Some Calgary homeowners who are opposed to blanket rezoning in their neighbourhoods, such as a group in Lake Bonavista, have already moved to protect their community from the contentious bylaw through restrictive covenants.

The controversial bylaw had even drawn the attention of Premier Danielle Smith when it was passed, however, speaking on Calgary Eyeopener in May, Smith said her government wouldn't step in to repeal it.

Lehodey said he hopes the outcome of the group's application will result in the bylaw being struck down, adding the developments that will happen under the new zoning rules will cause "irreparable harm to people who live next door."

"Frankly, my personal view is city council has kind of lost its way. They're focused on density for density's sake without thinking about density that can actually provide affordable homes and help solve the housing crisis," he said.

Lehodey said he was concerned the housing that will be built under the zoning bylaw passed in May will not result in affordable homes for Calgarians, but instead create smaller, equally unaffordable homes.

Asked whether the group opposing the bylaw is trying to prevent any development in their communities, Lehodey said it's more about making sure property owners have a say in what goes in next to them.

"This isn't about development per se. It's about taking your right away without the full consideration by council and study of the infrastructure and the impacts on community," he said.