Halifax to appeal Fall River quarry decision to Supreme Court

Halifax is ready togo all the way to theSupreme Court of Canada to fight a planned quarry in Fall River, the councillor for the area said Thursday.

"The municipality is fighting back because its right to zone in theentire HRM is at risk here,"said BarryDalrymple, who represents DistrictOne,Waverley-FallRiver-MusquodobitValley."If we lose this then thesequarries can pop up anywhere."

He said thelegal precedent couldlead to more quarries inthe municipality.

In May, the Nova Scotia Court of Appeal ruled Halifax didn't have jurisdiction to stop the quarry project managed by Northern Construction, which also intends to build a concrete and asphalt plant at the site.

• Fall River quarry now in hands of Environment Department

According to Dalrymple, the company has said theFall River quarry would be the first of many, andhas already applied to theprovince's Environment Department for the permits it needs to start digging.

Residents of Fall River will also try to appeal to the Supreme Court ofCanada alongside the municipality, but it could take up to a year to find out if the case will be heard.

"You have to show that there is some national interest in the case," Dalrymplesaid.

"We feel we are on very solid ground here because if that is allowed tostand in Nova Scotia, in every court in every province in Canada, lawyers for thesecompanies will begin pointing [to the case in]Nova Scotia."

If the Supreme Court of Canada does grant leave to appeal, the legalproceedings could take up totwo years to reach a resolution.