WHEREAS the Appellants Gregg Guptill, John Moore and Gerald Morneau filed an appeal (LA05012) of a June 3, 2005 decision of the Respondent City of Summerside to issue building permit #2005-0554 for the construction of a condominium project;

AND WHEREAS in Order LA05-12, dated November 18, 2005, the Commission determined that it did have the jurisdiction to hear appeal docket LA05012;

AND WHEREAS the Appellants filed an appeal (LA05020) of a June 1, 2005 Development Agreement between the Respondent and Henry Court Inc.;

AND WHEREAS documents were presented by the Respondent to the effect that both building permit #2005-0554 and its associated Development Agreement referred to above were no longer in effect and, in fact, a new building permit and development agreement were approved by the Respondent and are presently under appeal as docket LA06012 which is currently before the Commission;

AND WHEREAS the Commission considered this matter at a public hearing in Charlottetown on October 24, 2006;

AND WHEREAS the Commission gave all parties the opportunity to be heard on this matter;

AND WHEREAS the Appellants requested an opportunity to file written submissions on this matter;

AND WHEREAS the Commission agreed to allow the Appellants the opportunity to file written submissions by November 7, 2006;

AND WHEREAS no written submissions were received from the Appellants;

AND WHEREAS the Commission has issued its findings in this matter in accordance with the Reasons for Order issued with this Order;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Planning Act

IT IS ORDERED THAT

1.  The building permit #2005-0554 dated June 3, 2005 and the June 1, 2005 Development Agreement between the City of Summerside and Henry Court Inc. are no longer valid and thus cease to be a "decision" within the meaning of subsection 28(1) of the Planning Act.

2.  As the aforementioned building permit and Development Agreement cease to be a decision of the Respondent, appeal dockets LA05012 and LA05020 are hereby dismissed.

DATED at Charlottetown, Prince Edward Island, this 28th day of November, 2006.

BY THE COMMISSION:

Brian J. McKenna, Vice-Chair

Kathy Kennedy, Commissioner

Anne Petley, Commissioner

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NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 13.(1) and 13(2) of the Act provide as follows:

13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.