Background: Grace Joubarne challenged the City of Belleville regarding property use, aiming to establish the building as originally constructed for semi-detached units or to affirm a legal non-conforming use for four residential units.
Facts: Joubarne acquired the property intending to convert it into residential units but faced opposition due to a stop work order for lacking permits and the city's stance on the property's original structure.
Issues/Main Discussion: The debate centered on the building's original construction (single-family dwelling vs. semi-detached units) and whether it had a legal non-conforming use for four units.
Ruling: The court, siding with expert evidence presented by the defense, determined the property was initially a single-family dwelling and did not support a legal non-conforming use for four units, dismissing Joubarne's claims.
Amount Awarded: The decision on costs was deferred, allowing the City of Belleville to submit a cost claim within 30 days.
