Order LW96-01 - LW96001 - Roads Act Appeal - David London v. Dept. of Transportation & Public Works (May 9, 1996)

Docket LW96001
Order LW9601

IN THE MATTER of an appeal by David London against a decision by the Department of Transportation & Public Works.

BEFORE THE COMMISSION

on Thursday, the 9th day of May, 1996.

John L. Blakney, Vice-Chair
Clayton Bulpitt, Commissioner
Carl Riggs, Commissioner

Order

WHEREAS David London appealed to the Commission on March 27, 1996 the decision of the Minister of Transportation and Public Works to deny three applications for Entrance Way Permits to Parcel #428458 at Murray River;

AND WHEREAS the Commission heard the appeal at a public hearing conducted in Charlottetown on Thursday, May 9, 1996 after due public notice;

AND WHEREAS the Commission has issued an oral decision;

FOR THE REASONS given at the hearing;

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

IT IS ORDERED THAT

1. The appeal is hereby dismissed.

DATED at Charlottetown, Prince Edward Island, this 9th day of May, 1996.

BY THE COMMISSION:

John L. Blakney, Vice-Chair

Clayton Bulpitt, Commissioner

Carl Riggs, Commissioner

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.