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Residents file papers to challenge church's parking lot ruling

The First Church of God</B. on North Shore Road and its parking lot.

Three area residents submitted preliminary papers to request a judicial review of the controversial two-storey parking lot for the First Church of God in Pembroke.

In May this year Environment Minister Neletha Butterfield approved the lot application from the church's leader, Bishop Vernon Lambe in the face of objection letters submitted by angry residents. Darrell Clarke of Darrell Clarke Barristers and Associates, represents the applicants who he says are questioning the approval on the basis of illegality, irrationality and procedural impropriety.

"We have applied for a leave to file for a judicial review. Basically we are asking the court to consider filing a writ to examine the decision made by the Minister and the legality of it," he said.

"At this time I believe it (the civil case) would be the only way to deal with it."

In an application to file for a judicial review submitted on July 31 this year, the applicants, Lauretta Lorna Stoneham, Claudette Fleming and Janet Francis, named the Environment Minister, the Attorney General and the Development Application Board (DAB) as respondents.

Mr. Clark said he has had an additional 70 objectors contact him over concern about the Minister's approval, but only three were named on the motion.

The filing was not with the hope a review of the Minister's decision could be conducted, but also to halt any building that may have already started on the plot.

Currently the church has about 100 parking spaces for its 1,000 seat house of worship and is looking for a considerable expansion. Overflow parking has been facilitated at Pig's Field, but since that recreation area is due to undergo an upgrade it would be off limit to cars.

Public records had shown that the original parking lot application for this area went into the Department of Planning in March 2005 and was rejected in October 2005.

However, earlier this year Bishop Lambe made changes to the application in an attempt to appease dissenting neighbours.

A neighbourhood committee needed to meet in order to collectively decide if their concerns were properly addressed, however without consultation Ms. Butterfield approved the appeal.

Apparently the reason she accepted the Bishop's appeal, which he was constitutionally allowed to do after being rejected by the DAB, was because she had reviewed it herself.

Arguments for the request to file for a judicial review of the Minister's decision have already been made by Mr. Clarke to the Chief Justice.

"We haven't gotten a leave for the motion yet. I expect the Chief Justice's decision will be made in the next couple of days," Mr. Clarke added.