SPIRG”s Final Appeal of Lystek Building Permit Denied

“This decision is what we expected and we are obviously pleased with it,” said Kevin Litwiller, Director of Business Development for Lystek. “As stated previously, Lystek is proud of to be part of the Southgate Eco Park. We have always been confident that the building permit was properly issued and that Southgate was the right place to invest.”

Lystek surpassed its first full year of operations in April of this year. To date, the world class facility has benefitted the community of Southgate through employment, significant revenue injection into the local economy and landfill diversion. Since opening, the OMRC has created numerous, well paying, full-time jobs, injected millions of dollars into the local economy and diverted over 53 million kilograms of biosolids and organics from landfills. Upon arrival at the OMRC, these valuable resources are converted into a federally registered, Canadian Food Inspection Agency (CFIA) fertilizer product for beneficial use in agriculture.

“This is great day for the township and the Eco Park,” said Mayor Brian Milne. “As we have stated all along, the due diligence was done and the Lystek building permit was issued after detailed review by the Township. This is final recognition by the courts that the process was completed legally and appropriately.”

This final ruling fully supports the original the 54-page ruling from October, 2012. The key points are:

• That the appeal court dismisses all arguments put forth by SPIRG.

• That the decision to uphold Lystek’s original building permit is affirmed.

• That the Township’s issuance of the original building permit was done correctly.

• SPIRG is responsible to pay all costs of its multiple failed attempts to appeal.

Costs are normally paid by the losing party to the winning side. In the original court ruling, SPIRG was ordered to repay approximately $40,000 to the Township. SPIRG also owes Lystek $1,000 from the original scheduling motion plus another $7,500 and $15,000 to the Township from the failed Divisional Court appeal; and now another $1,000.

“This decision is another positive step toward making the Township of Southgate a great place to build and grow green-tech companies,” commented Mayor Brian Milne. “We will continue to work with the community to fulfill the vision for the Eco Park to make it a successful economic driver and point of pride for the citizens of Southgate.”